Articles Posted in Construction Generally

Posted

Pillsbury is tracking the impact on construction projects of COVID-19-related orders and guidance from CISA, and in all 50 states and the District of Columbia. See our Updated COVID-19 Construction Chart.

 

 

 

Posted

This past week, multiple states extended States of Emergency or Stay at Home Orders, while simultaneously issuing orders regarding reopening their states.  Because construction was deemed essential in the majority of the states, many re-opening orders have very little direct impact.  However, even in states where construction was never ordered to cease, orders have nevertheless included construction in their reopening focus.  For example, the District of Columbia established a ReOpen DC Advisory Board, and included a Real Estate and Construction Committee.  Kentucky issued “Requirements for Construction Businesses” to open and remain open as the state reopens.  And in Pennsylvania, where construction was previously halted, the Governor issued an order allowing construction to resume in certain counties.

For more details on orders and guidance in all 50 states and the District of Columbia, see our Updated COVID-19 Construction Chart.

Posted

For America’s economic recovery to move forward with relatively few hitches, liability limits are essential. History has shown how easily the mere threat of lawsuits by aggressive tort lawyers can derail critical recovery efforts. The White House and Congress should therefore work together to establish effective and appropriate liability limits. By modifying existing statutes that limit liability in a way that assures both fewer frivolous tort suits and effective pandemic mitigation and recovery policies, Washington will have done its part to prevent unscrupulous lawyers from needlessly hindering the economic recovery that Americans so desperately need. Colleague Brian Finch discusses key considerations in the whitepaper, Liability Protections Are Critical to Ensuring Economic Recovery originally posted on The Heritage Foundation.

Posted

As seen in our Updated COVID-19 Construction Chart, many states saw action – or intentional inaction – this past week as it relates to COVID-19-related governmental orders. Continue Reading ›

Posted

Boston Mayor Martin J. Walsh first limited construction in the City of Boston to essential work on March 17. This pause in non-essential construction has been extended indefinitely by order of the Boston Public Health Commission on April 24. On April 27, Mayor Walsh confirmed that he will not re-open the City on May 4, the date the Commonwealth is scheduled to re-open (Massachusetts Governor Charlie Baker extended his stay-at-home order on April 28 to May 18). In “City of Boston, Massachusetts Extends Construction Moratorium,” partner Paul Shapses discusses how non-essential construction is not presently permitted in Boston, but draft best practice guidelines and an associated contractor certificate identify the way forward for owners and contractors.

Posted

Like almost everything in the COVID-19 crisis, the construction landscape changes daily. Pillsbury has updated its analysis of the impacts to construction projects as a result of orders in the 50 states and Washington, DC.

Continue Reading ›

Posted

The Federal government issued an advisory list of essential critical workers, including workers doing certain types of construction, but deferred to states and local governments to implement any orders. In “Construction During COVID-19: Is It Essential?,” colleagues Laura Bourgeois LoBueMatthew D. Stockwell, and Elizabeth J. Dye address that there is no “one-size-fits-all” approach to how governments are handling construction.

Posted

The impact of COVID-19 on construction projects continues to evolve as an increasing number of are issuing orders suspending construction. While complying with obligations in the face of a project being shut down, parties should not lose sight of actions that will best position them when construction resumes. In “So the Government Shut Down Your Construction Project—What Next? colleagues Matthew Stockwell and Laura Bourgeois LoBue discuss the legal issues that may come into play in the event of a COVID-related shutdown.

Posted

The global effect of the Coronavirus disease (COVID-19) is still unknown, and the progress of many large-scale construction projects has been affected by “Shelter in Place” orders, although some states and localities have classified construction projects as “essential.” Just last Friday, New York shut down all construction, with few exceptions.

Continue Reading ›

Posted

Due to pressure from construction workers, officials, and some construction workers having tested positive for COVID-19, the Empire State Development Corp. (acting on behalf of Governor Cuomo) has frozen all construction in New York today, with the exception of work on hospitals and health care facilities, transit facilities, roads and bridges, affordable housing and homeless shelters.

As a result, commercial construction and condominium projects are on hold, with the exception of work that must be completed to prevent unsafe conditions. Until now, construction has been considered “essential” in New York.

Naturally, this will cause delays and have financial impacts on owners and contractors alike. Contractors will need to secure their sites, document additional costs incurred, and determine the rights they have with regard to payment, delays, and suspension of work in accordance with their contracts. Contractors are also likely to face claims from downstream subcontractors. Owners will have to also review their contractual rights, particularly with regard to suspensions and the circumstances under which the owner may suspend without an increase in the contract sum. Owners in most cases will suffer a loss of revenue and increased interest and soft costs as a result of the suspension, and should look for sources to recover those losses, including business interruption or civil authority insurance coverage.

We are monitoring for further developments, and will be posting more information on this and other similar suspensions and how owners and contractors can protect themselves, shortly.

 

Contact Information