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 that all statute of limitations for civil causes of action are tolled from April 6,…
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 component in the next COVID-19 recovery package. Congress will likely pursue the next federal stimulus…
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…
Georgia Governor Passes Order Altering Inspection Regulations for Construction of Hospitals and Other Projects During COVID-19 Emergency
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…
Georgia Governor Passes Order Altering Inspection Regulations for Residential Builders During COVID-19 Emergency
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: …
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…
Pennsylvania Orders Halt to Construction Projects Other than Emergency Repairs and the Construction of Health Care Facilities
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…
Massachusetts Sees Tensions Between Municipal Construction Bans and Governor's "Essential Services" Order
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…
UPDATE: City of Atlanta’s COVID-19 Shut-Down Order Revised to Allow All Construction to Proceed
3/25/20
By: Jake Carroll The Associated General Contractors of Georgia, Inc. reports that a corrected executive order has been issued by The Office of Mayor Keisha Lance Bottoms designating all construction as “Essential Infrastructure.” The original executive order limited “Essential Infrastructure” to public works construction projects . The revision allows all construction projects to move forward…
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…