An increasing number of States—now numbering 23, as well as the District of Columbia and many counties and cities, are now subject to Executive Orders restricting activity of non-essential businesses. In “Numerous Jurisdictions Have Now Issued COVID-19 Orders Impacting Government Contractors,” colleagues John E. Jensen, Alex D. Tomaszczuk, Marques O. Peterson and Robert Starling discuss how the Varied Executive Orders, in increasing numbers, have closed nonessential businesses and services across the country, with a variety of implications for government contractors.
Force Majeure, Construction Delays, Labor Shortages and COVID-19
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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.
Nonessential Businesses Closures in Maryland Due to COVID-19
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Maryland Governor mandates the closure of all nonessential businesses to combat COVID-19 stopping short of implementing a “shelter-in-place” order. Willful violation of the order can result in both imprisonment of up to one year and a fine of up to $5,000. In “Maryland Extends COVID-19 Closures to Nonessential Businesses,” colleague Brian E. Finch notes that while businesses must be closed to the general public, staff access is permitted for purposes specified in interpretive guidance No. COVID19-06 (i.e., maintaining essential property).
New Jersey’s Uniform Coronavirus Response
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In New Jersey, local mandates and regulations regarding COVID-19 are prohibited by New Jersey Executive Order No. 108. This represents a significant diversion from other states badly hit by COVID-19, including New York and California. In “New Jersey State and Local COVID-19 Orders,” colleagues Brian E. Finch, Margaret Beale-Wirsing and Michelle A. Herrera address that companies doing business in New Jersey should reference the State’s uniform response to COVID-19 and be aware that the uniform response may have a disparate impact on different geographical regions.
Pillsbury Industry Insights: Hotels & Hospitality
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Please join us April 7, 2020, for an Industry Insights webinar series designed to help clients spot issues, mitigate risk and navigate challenges specific to their industry.
During this webinar Christian Salaman, David Klein and Paul Shapses will discuss the hotel and hospitality industry with a focus on helping hotel owners and operators, and developers and lenders address ongoing developments pertaining to the COVID-19 (Coronavirus) pandemic.
This 45-minute conversation will cover:
- Short- and long-term approaches to consider for dealing with low occupancy and declining operating revenue
- Financial issues specific to industry loans
- Insurance coverage in the context of the hotel & hospitality industry
- Insurance-related litigation outlook
- Q&A
New York Shuts Down Majority of Construction
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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.
Wyoming Governor Signs Law Allowing Retiring Fossil Plants to Be Replaced with Small Modular Nuclear Reactors
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On March 13, 2020, Wyoming Governor Mark Gordon signed House Bill 74 (HB 74) into law. After the Governor signed HB 74, it became House Enrolled Act 60. HEA 60 allows utilities and other power plant owners to replace retiring coal and natural gas electric generation plants with small modular nuclear reactors (SMRs).
No Sales or Use Tax Due on Materials and Equipment Used to Construct and Install Steam Facility at Tennessee Manufacturing Plant
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In a letter ruling published March 16, 2020, the Tennessee Department of Revenue concluded that a contractor’s purchase of materials and equipment for use in the construction and installation of a new steam production facility at a federally owned manufacturing plant was exempt from Tennessee sales and use tax. Tenn. Letter Rul. No. 20-02 (issued Feb. 10, 2020).
COVID-19 and Public Companies: Q&A
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The SEC has provided conditional regulatory relief regarding filing deadlines and has issued guidance regarding annual meetings to assist public companies impacted by COVID-19. In “COVID-19: Q&A for Public Companies,” colleagues Davina K. Kaile, Gabriella A. Lombardi, Christina F. Pearson and Stanton D. Wong addresses some of the most frequently asked questions of public companies on how to navigate the challenges posed by COVID-19.
COVID-19’s Effects on California Executive Power and Industrial Facilities
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California Governor Gavin Newsom has declared a state of emergency and, pursuant to his broad authority under the California Emergency Services Act and other statutory provisions, has issued Executive Orders suspending or modifying the effect of certain state statutes and regulation in response to COVID-19, and authorizing the commandeering of property needed for the response. In “California Executive Power and Industrial Facilities in the Wake of COVID-19,” colleagues Michael S. McDonough and Christopher W. Smith provide an overview of the recent updates and rulings on California’s facilities and operations.