Discussion chapter 7
Case Questions
1. How might have Holder avoided the risk of bearing the unforeseen and significant increase in steel prices?
2. If you are Holder, how would you rewrite this contract to avoid liability in the future?
3. Focus on Critical Thinking: If the parties had left out the force majeure clause, how would the case have been decided?
Read case 7.4 – Holder Construction Group v. Georgia Tech Facilities, Inc. and answer the three questions provided. Then address:
4. Assess the timing of this case (2006) – What global economic factors in 2004-2006 may have helped cause this case?
5. Briefly contrast this case with Case 7.5. Are there any similarities that stand out to you?
6. Do you think the courts ruling in each of Case 7.4 and Case 7.5 are fair? Why or Why not?