District Of Columbia § 28:2A-405 - Excused performance.
Full text of District Of Columbia D.C. Code § 28:2A-405 — Excused performance., with citation guidance and answers to common questions.
§ 28:2A-405. Excused performance.
28:2A-405Subject to on substituted performance, the following rules apply:
Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (2) and (3) of this section is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.
If the causes mentioned in paragraph (1) of this section affect only part of the lessor’s or the supplier’s capacity to perform, he or she shall allocate production and deliveries among his or her customers but at his or her option may include regular customers, not then under contract for sale or lease as well as his or her own requirements for further manufacture. He or she may so allocate in any manner that is fair and reasonable.
The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under paragraph (2) of this section, of the estimated quota thus made available for the lessee.
Annotations
“Supplier”. Section 2A-103(1)(x).
“Seasonably”. Section 1-204(3).
“Sale”. Section 2-106(1).
“Notifies”. Section 1-201(26).
“Lessor”. Section 2A-103(1)(p).
“Lessee”. Section 2A-103(1)(n).
“Lease contract”. Section 2A-103(1)(l).
“Lease”. Section 2A-103(1)(j).
“Knows”. Section 1-201(25).
“Good faith”. Sections 1-201(19) and 2-103(1)(b).
“Finance lease”. Section 2A-103(1)(g).
“Delivery”. Section 1-201(14).
“Contract”. Section 1-201(11).
“Agreed”. Section 1-201(3).
Revised to reflect leasing practices and terminology.
Section 2-615.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:2A-405
What does D.C. Code § 28:2A-405 cover?
Section 28:2A-405 ("Excused performance.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 28:2A-405?
A common citation format is "D.C. Code § 28:2A-405" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 28:2A-405 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.