Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones
In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states …
Are Construction Codes Copyrightable?
7/10/20
By: Catherine Bednar and Kathleen Cusack
A case pending in the Southern District of New York is exploring the question of whether model construction codes can be copyrighted. The case, International Code Council v. UpCodes, was filed in 2017 …
States Target Infrastructure Investment to Spark Economic Recovery
6/22/20
By: Thomas Hay
Government leaders and industry groups are contemplating a major investment in infrastructure in the anticipated “Phase 4” coronavirus relief package. Last week, the American Public Works Association (APWA) called upon Congress to include infrastructure investment as a key …
Art or Blight? Developers Should Think Twice Before Removing Graffiti
6/3/20
By: Jennifer Adair
In an opinion heralded by the street art community, the United States Court of Appeals for the Second Circuit affirmed a $6.75 million award of statutory damages against a building developer who willfully violated the Visual Artists …
Boston Implements New COVID-19 Safety Procedures for Construction Sites
5/13/20
By: Catherine Bednar
On May 5, 2020, the City of Boston activated new COVID-19 safety procedures for active construction sites, which are currently limited to projects meeting the City’s definition of emergency or essential work. The City also targeted dates …
4/8/20
By: Tom Ward
On March 30, 2020, Governor Brian Kemp issued an executive order that applies to the plan review and inspection requirements for the construction of hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or …
4/8/20
By: Tom Ward
Governor Brian Kemp recently passed an executive order allowing residential builders to immediately employ private inspectors to perform required plan reviews or inspections without having to wait out the time frames required by O.C.G.A. 8-2-26(g)(4).
The relevant …
Georgia Supreme Court Overrules Precedent on Attorney’s Fees for Counterclaimants
4/8/20
By: Jake Carroll
Georgia law permits the award of attorney’s fees to a claimant where the party defending the claim has “acted in bad faith” in making the contract, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble …
Ready Camera One: Remote Litigation in the Era of Social Distancing
4/7/20
By: Jennifer Adair, Jennifer Markowski and Andy Treese
Evaluating claims to move them towards resolution or trial is the lifeblood of a defense practice. This typically requires direct interaction with a plaintiff and key witnesses, either at deposition (to hear …
4/2/20
By: Sean Riley
Governor Tom Wolf has issued an executive order closing all businesses in Pennsylvania that are not deemed to be “life-sustaining.” Residential and non-residential building construction, as well as utility subsystem, road and bridge construction are all specifically …
4/1/20
On March 17, 2020, Boston became the first city to issue a moratorium on construction projects as an emergency measure to slow the spread of COVID-19. Boston’s order includes exceptions for emergency and essential work, …
City of Atlanta’s COVID-19 Shut-Down Order Impacts Certain Construction Projects
3/24/20
By: Jake Carroll
Executive Order Number 2020-21 (“Shut-Down Order”) was issued by Kiesha Lance Bottoms, the Mayor of Atlanta, on March 23, 2020 at 8:49PM. Atlanta’s Shut-Down Order is more restrictive than similar orders seen in Florida (with broader exceptions …