News & Analysis as of

Work Suspensions

Davis Wright Tremaine LLP

What Constitutes a Reasonable Period of Time Under the Suspension-of-Work Clause?

In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman Suspended for One Year by Federal Circuit

In a decision that will surprise no one who has followed the situation in the past six months (see "Federal Circuit Special Committee Recommends One-Year Suspension of Judge Newman"), the Judicial Council of the Federal...more

Fox Rothschild LLP

ASBCA Decision Offers a Potential Avenue for Federal Contractors to Recover COVID-19 Related Costs

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The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price task order. ASBCA No....more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Special Committee Recommends One-Year Suspension of Judge Newman

A Special Committee of Federal Circuit judges (consisting of Chief Judge Kimberly Moore, former Chief Judge Sharon Prost, and Judge Richard Taranto) that has been investigating for several months allegations against Judge...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Special Committee Recommends Suspension of Judge Newman for One Year

A Special Committee of Federal Circuit judges (consisting of Chief Judge Kimberly Moore, former Chief Judge Sharon Prost, and Judge Richard Taranto) that has been investigating for several months allegations against Judge...more

A&O Shearman

Watts at stake when there's a delay?

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The High Court has provided guidance on a contractor’s general right to suspend works, the enforceability of liquidated damages upon termination, and the recoverability of financing costs as part of loss of revenue....more

Seyfarth Shaw LLP

SCOTUS Might Not Rule on the Standing of ADA Title III Testers After All

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Seyfarth Synopsis: The Plaintiff in Acheson v. Laufer dismisses her lawsuit with prejudice and asks SCOTUS to dismiss its pending review based on mootness....more

Genova Burns LLC

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

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As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

BCLP

Employers’ power to suspend employees under HK law

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In Lengler Werner v. Hong Kong Express Airways Limited [2021] HKCFI 1333, the Court of First Instance (the “Court”) examined the power of “suspension” of an employee, including under section 11 of the Employment Ordinance...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Payment Terms: A Trap for the Unwary - July 20th, 12:00 pm - 1:00 pm ET

As everyone in the construction industry knows, timely payment is essential. However, the payment process can be complicated, with unexpected issues throwing plans off course. In their second webinar of 2021, Cohen...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] WPA NECA: Prompt Payments – How CASPA and Other State Laws Afford Contractors Protections - November 17th, 11:00 am -...

2018 saw the enactment of important changes to CASPA, a Pennsylvania law that helps contractors and subcontractors enforce their contractual payment terms. In this Western Pennsylvania Chapter of NECA webinar, Matt Gioffre,...more

BCLP

UK HR Solutions: Suspending for disciplinary matters

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Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with...more

PilieroMazza PLLC

COVID-19 Guidance for Government Contractors

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As always, PilieroMazza’s primary focus is to keep our clients, resource partners, and the business community at large informed on how our attorneys can help you address your business and legal concerns. With coronavirus...more

PilieroMazza PLLC

[Webinar] COVID-19 Guidance for Government Contractors - July 22nd, 2:00 pm - 3:00 pm EDT

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As always, PilieroMazza’s primary focus is to keep our clients, resource partners, and the business community at large informed on how our attorneys can help you address your business and legal concerns. With coronavirus...more

Hogan Lovells

COVID-19 ADG Insights | Navigating performance disruptions relating to government contracts (update)

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Through ADG Insights, we share with you the top legal and political issues affecting the aerospace, defense, and government services (ADG) industry. Our ADG industry team monitors the latest developments to help our clients...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Coronavirus, An Unforeseeable Circumstance: Does Your Contract Protect You Under Force Majeure Clauses? - April 14th,...

The national response to the coronavirus pandemic has been overwhelming to the nation’s businesses. Entire states are enacting social distancing orders in hopes of arresting the spread of coronavirus, keeping employees at...more

McGuireWoods LLP

Navigating the COVID-19 Challenge — Delays, Changes and Cost Recovery Under Federal Contracts

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The stakes associated with successful performance by federal contractors are higher than they have ever been in a non-wartime setting. In areas ranging from pharmaceutical and medical supply, to construction, to logistical...more

Pierce Atwood LLP

Project Suspended or Payment Delays? Don’t Lose Your Mechanic’s Lien Rights!

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While many construction projects are advancing in a safe manner during the COVID-19 pandemic, some have been suspended by governmental order, like the Cities of Boston and Cambridge, or based upon the direction of the Owner...more

Pierce Atwood LLP

Mass Governor’s Legal Office’s Letter to Municipalities: Withdraw Conflicting City/Town Policies Suspending Essential Construction...

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On March 25, 2020, the Massachusetts Governor’s Legal Office issued a letter to Municipal Chief Executive Officers in the Commonwealth that “provides guidance regarding the effect of the Governor’s March 23, 2020 Order...more

Miles & Stockbridge P.C.

Protect Yourself: Safe Contracting and Subcontracting in the Era of Pandemics

As the marketplace slows in response to the worldwide spread of COVID-19, companies are (or should be) breaking out their contracts and subcontracts to see what they say to protect themselves from current and future problems....more

Pierce Atwood LLP

Steps to Take if You Receive a Subcontractor’s COVID-19 Work Suspension Notice

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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

Goulston & Storrs PC

Construction Suspension (MA) – COVID-19

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Effective Tuesday, March 17, the City of Boston is suspending all regular activity on construction sites in the City until further notice....more

Bradley Arant Boult Cummings LLP

COVID-19: The Government Contractor’s Guide to Compensable & Excusable Delays

With the recent and rapid spread of COVID-19 in the United States, it is only a matter of time before government contractors experience contract-performance delays — whether ordered by the government or not — that inevitably...more

Parker Poe Adams & Bernstein LLP

Can You Suspend an Employee Without Pay for a Full Workweek Because of Performance Issues?

According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for...more

Latham & Watkins LLP

Prioritizing Corporate Culture: Lessons for Companies from the Major League Baseball Sign-Stealing Investigation

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The MLB Commissioner held senior leadership accountable for illegal sign stealing - even though the conduct generally involved players and low-level operations employees. On January 13, 2020, Major League Baseball (MLB)...more

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