Louisiana Extended Date for Performance

• Category: Contracts - Extensions
• State: Multi-State
• Control #: US-02969BG
• Format: Word; Rich Text

Description

This is basically a modification of the original contract. Modification is written change made to a contract. It may be unilateral in accordance with the changes clause in the contract or bilateral. Modification may introduce or cancel specifications or terms of a contract without effecting the purpose of the contract. Unilateral modifications are changed usually through a modification order and mutually agreed change is made by a supplemental agreement. It is also called contract amendment or modification of a contract.

Louisiana Extended Date for Performance refers to the legal provision in the state of Louisiana that grants an extension in the agreed deadline for completing a performance or fulfilling contractual obligations. This extension allows parties involved in a contract to adjust their timelines without breaching the terms of their agreement. In Louisiana, the extended date for performance is typically applied when there is an unforeseen event or circumstance that hinders a party from completing their obligations within the original timeframe. This provision recognizes that certain situations can arise which are beyond the control of either party, making it impractical to meet the initial deadline. The Louisiana Civil Code, specifically Article 2053, serves as the foundation for the extended date for performance. It states that when an unforeseen event occurs that makes fulfilling the obligations of the contract impossible within the prescribed time, the parties can agree to extend the performance period. These extensions can be categorized into different types based on the nature of the event or circumstance causing the delay: 1. Force Mature: This type of extended date for performance is invoked when an extraordinary event or circumstance, such as natural disasters (e.g., hurricanes, floods) or unforeseen emergencies (e.g., wars, riots), prevents timely completion of contractual obligations. Force majeure clauses are often included in contracts to outline the precise conditions that qualify as force majeure events. 2. Act of God: Similar to force majeure, this type of extension is specific to events outside human control, typically natural disasters caused by natural forces, like earthquakes, tornadoes, or severe weather conditions. 3. Legal Restrictions: When the performance of a contract is hindered or delayed due to new laws or regulations imposed by the government, an extended date for performance is granted. This category could include situations such as changes in zoning regulations, permits, or licensing requirements. 4. Labor Disputes: If a contract relies on a specific workforce or labor union, and a strike, lockout, or other labor dispute occurs, the extended date for performance can be utilized to account for the delay caused by the disruption in labor. These are just a few examples of the various types of extended dates for performance recognized in Louisiana. It is crucial for parties entering into contracts to understand these provisions and, if necessary, include specific clauses or specifications in their agreements to address potential delays caused by any of these circumstances. By doing so, they can ensure a fair and equitable outcome in the event of unforeseen events that impede timely completion of contractual obligations in Louisiana.