Governor Justice to Reopen West Virginia - Guidance for the Construction Industry

Steptoe & Johnson PLLC
Contact

Although the construction industry was generally exempted from Governor Jim Justice’s March 23, 2020 Order directing all non-essential businesses to temporarily close due to COVID-19, the pandemic will nevertheless have a significant effect on the industry, particularly as other West Virginia businesses begin to reopen. 

Construction companies throughout West Virginia can expect to experience these changes sooner rather than later, because on Monday, April 27, 2020, Governor Justice announced his plan to reopen the state, a plan dubbed “West Virginia Strong: The Comeback,” available here. The Comeback outlines a multi-week plan that will reopen businesses in three progressive phases, with outpatient health facilities such as physical therapy and dentistry opening in phase one, smaller businesses that generally comprise a limited gathering of people in phase two, and more heavily populated businesses such as hotels, dine-in restaurants, and recreational gyms in phase three. 

Notably, Governor Justice’s plan calls for various safety and social distancing measures that are designed to mitigate the spread of COVID-19, and these safety measures will impact all businesses, including construction. As construction companies begin to adjust to this “new normal,” they will need to implement policies to comply with guidance procedures as well as newly enacted rules and regulations that eventually become legal requirements.  Construction companies will also likely encounter increased enforcement from state and federal agencies, and increased civil claims due to project delays, increased material and labor costs, and labor shortages. Finally, construction companies can expect increased scrutiny and negotiations over certain contractual provisions, particularly those relating to force majeure, unforeseen circumstances, and completion deadlines. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steptoe & Johnson PLLC | Attorney Advertising

Written by:

Steptoe & Johnson PLLC
Contact
more
less

Steptoe & Johnson PLLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.