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…
Statute of Repose Does Not Bar Claims Resulting from Improper Maintenance
1/9/20
By: Tom McCraw The Massachusetts Appeals Court recently held that the six-year statute of repose (G.L. c. 260, § 2B) did not bar a homeowner’s insurer’s subrogation claim against a gas company for damages caused by the company’s failure to maintain a gas meter that caused a fire on the homeowner’s property in February 2015.…
Pennsylvania Taking Steps to Help the Small Contractor
11/21/19
By: Josh Ferguson There are currently two bills in the Pennsylvania House of Representatives intended to limit the ability of property owners, managers and general contractors from pushing their liability onto the sub-contractors. Pennsylvania State Representatives introduced House Bill 1887, which would allow for only limited indemnification within construction contracts. The Bill would amend Act…
Georgia’s Statute of Repose Bars Contractual Claims Involving Deficient Construction
11/21/19
By: Jake Carroll Georgia’s statute of repose provides an eight (8) year deadline for actions seeking to recover damages for deficiencies in construction.[1] The period runs from the substantial completion of the work, and was enacted with the intent of establishing an outside time limit on actions arising out of the improvement of real property.…
How Technology is Changing the Construction World
10/8/19
By: Aaron Miller The construction industry is growing at an enormous rate. The Bureau of Labor Statistics expects the industry to add over 800,000 jobs between 2016 and 2026, finishing top amongst goods-producing industries. Part of the reason for such a high rate of growth in the construction industry is the advent of new technology…