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 for expanding the categories of permitted construction activity in the City to more closely match…
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 structures that impact national or state homeland security, or any building defined as a high-rise…
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 text of the Order, which can be accessed by this link (https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders), provides as follows: …
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 and expense. O.C.G.A. § 13-6-11. The “bad faith” refers to bad faith in the making…
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 their testimony, to form impressions of how they will be received by a jury), at mediation…
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 listed as businesses that must immediately cease physical operations. However, “emergency repairs” and “construction of…
4/1/20
By: Catherine A. Bednar, Esq. 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, such as emergency utility work and construction needed to support public health facilities, maintain reliability…
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 for construction) and California (allowed some construction to proceed). Key Terms: Jurisdiction: Order only applies…
COVID-19: Common Issues in Construction Contracts.
3/23/20
By: Catherine Bednar, Jake Carroll and Ben Dunlap On March 17, 2020, Boston became the first U.S city to order a halt to work on all construction sites due to the coronavirus, shutting down work two weeks. Since then, other states and cities have issued shutdown orders due to the pandemic, varying significantly in their scope…
2/28/20
By: Michelle Yee and Josh Ferguson The Superior Court of New Jersey recently affirmed the trial court’s summary decision in favor of the defendants and ruled that defendants were not obligated to remove snow and ice between parked cars until the cars either moved, or the snow stopped falling, and defendants had a reasonable time…
Federal Tax Spotlight: Energy Incentives for the Construction Industry in 2020
2/27/20
By: Catherine Bednar While many individuals and businesses are currently focused on the upcoming deadlines for filing their 2019 tax returns, it is also an ideal time to consider potential tax benefits for 2020 construction projects. Those in the construction industry seeking to take advantage of available tax incentives should keep up-to-date on developments in…
OSHA Issues Guidance on the Usage of Headphones on Construction Sites
2/13/20
By: Erin Lamb In late 2019, OSHA released a letter of interpretation in response to employers’ questions regarding the rapidly increasing use of headphones on construction sites. The convenience, simplicity, and decrease in price of wireless headphones have made them wildly popular. Manufacturers and advertisers have taken advantage of that popularity to advertise wireless headphones…