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Recently Cellai Law Offices, P.C. was faced with the recently popular defense that covid and/or the restrictions imposed as a result of the covid emergency will relieve them from the obligations under a contract. 

The answer is generally no, but there are exceptions.  Each case must be evaluated on its own merits or on a case by case basis but realistically the covid restrictions and/or emergency had to destroy the heart and the essence of the purpose and/or functioning of the contract in order to have a hope that the company will be relieved of its obligation under a contract.  It is important to understand that even if covid and/or its restrictions did destroy the heart and the essence of the purpose and/or the function of the contract but such impediment was only temporary, then the contract will be suspended until the impediment is lifted. 

The contract will not be terminated but suspended when the impediment that goes to the heart and the essence of the purposes and/or the functioning of the contract is temporary.

Contact Cellai Law today for help with your commercial debt collection case or lawsuit at our Boston and Braintree offices:  617-367-2199
 carlo@cellailaw.com