State governments are issuing orders suspending the full or partial operations of “non-essential” or “non-life-sustaining” businesses. At the time of writing this post, these states include Nevada, Pennsylvania (Order of PA...more
There are increasing reports that some subcontractors have decided to suspend operations during the COVID-19 outbreak. The subcontractors made this difficult decision even though the construction projects for which the...more
To date, Rhode Island’s Governor Gina Raimondo has issued five Executive Orders in response to the COVID-19 pandemic. These orders address some of the challenges facing businesses, local governments, and the provision of...more
The day-to-day professional and personal impact of the COVID-19 pandemic is substantial. The global event will have dozens of common legal implications that we will address in this blog over the coming days, but for now I...more
Below is the City of Boston’s Press Release suspending all regular activity at construction sites in Boston as of today – March 17, 2020. Sites need to be made safe by March 23, 2020. Policy will be revisited in two weeks....more
3/18/2020
/ Business Interruption ,
China ,
Construction Project ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Workplace Safety
Last week, John Bulman and I attended the National Construction Dispute Resolution Committee’s (NCDRC) Annual Meeting in Washington, DC. The NCDRC is an advisory committee formed by the American Arbitration Association (AAA)...more
Mechanic’s lien claims are complex in that each state’s statutes differ dramatically. There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium....more
The workers’ compensation statute in many states provides that the workers’ compensation benefits received by an injured employee is the employee’s exclusive remedy. The benefits are paid based on a no-fault basis and the...more
10/22/2019
/ Construction Contracts ,
Construction Project ,
Contract Terms ,
Exclusive Remedy ,
Indemnity ,
Negligence ,
Personal Liability ,
Statutory Immunity ,
Unenforceable Contract Terms ,
Waivers ,
Workers Compensation Awards ,
Workplace Injury
A few years ago, I represented a process piping subcontractor in a claim against the general contractor and the owner of a coal fired power plant in Massachusetts. While the case was unique and interesting in a number of...more
Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim....more
9/28/2019
/ Best Practices ,
Confidentiality Agreements ,
Construction Industry ,
Corporate Privilege ,
Duty to Preserve ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Investigations ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trade Secrets ,
Upjohn Warnings ,
Witnesses
A mechanic’s lien right is a powerful remedy to secure a contractor’s right to payment. Each jurisdiction’s mechanic’s lien statute is unique and most states strictly interpret/enforce the statutes. For multi-jurisdictional...more
Additional insured (“AI”) requirements for commercial general liability (CGL) policies are very common in construction contracts. An Owner routinely requires its general contractor (“GC”) to provide AI coverage for itself,...more
Complex construction projects have many moving parts and numerous stakeholders. Each project often contains its own unique challenges and obstacles. Finding the right solution does not often come by trying to utilize a...more