• 7 minutes

Construction and the UCC: Failure of Presupposed Conditions and Force Majeure


Understand misconceptions of force majeure in construction contracts.

Many of the things in the supply chain are goods and are governed by Article 2 of the Uniform Commercial Code. Several misconceptions about force majeure are that unless there is an actual clause in the contract that would excuse performance for labor strikes, weather, pandemics, shortage of supplies, etc., is that the seller is in trouble and does not have an out and that simply is not true. Article 2 legislates a provision that is written into the contract even if it specifically written in the contract. This video reviews this misconception in detail as well as other misconceptions of presupposed conditions under Article 2.

Runtime: 7 minutes



George F. Burns, Esq.

George F. Burns, Esq.

Bernstein, Shur, Sawyer & Nelson, P.A.

  • Shareholder of Bernstein, Shur, Sawyer & Nelson, P.A. and member of the firm’s Construction and Litigation Practice Groups, and its Dispute Resolution Group
  • Over four decades of experience, focusing on litigating, arbitrating, and mediating business and construction disputes
  • Trial experience ranges from securities claims and partnership disputes to construction cases involving schools, power plants, and bridges
  • Well-versed in assisting clients in the forest products industry and represents several related trade associations
  • Member of the Commercial Panel of the American Arbitration Association
  • Appointed by the Maine Supreme Court as an arbitrator, mediator, and early neutral evaluator for its Court Alternative Dispute Service (CADRES)
  • Frequently shares his expertise in construction law, as well as related areas like insurance and product liability, in lectures and seminars around the country
  • Co-author with his partner Michael Bosse of the ABA book, Building the Construction Case: A Blueprint for Litigators, 2014
  • J.D. degree, New York University; B.S. degree in international affairs, Georgetown University School of Foreign Service
  • Can be contacted at [email protected]
Asha Echeverria

Asha Echeverria

Bernstein, Shur, Sawyer & Nelson, P.A.

  • Shareholder of Bernstein, Shur, Sawyer & Nelson, P.A.’s Construction Law and Energy groups
  • Specializes in dispute resolution involving construction, energy, insurance, and banking claims
  • Licensed professional engineer and LEED® Accredited Professional with firsthand experience with the ins and outs of construction, demolition, and green-energy projects
  • Represents energy clients, including power plants from New England to the Caribbean, in long term contract negotiations Successfully litigated coverage issues with insurance companies, including claims under Maine’s Unfair Settlement Practices Act
  • J.D. degree, cum laude, The George Washington University Law School; B.S.E. degree, cum laude, University of Pennsylvania
  • Can be contacted at [email protected]

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