Construction Bulletin

CDC Issues Interim Guidance for Critical Infrastructure Workers Who May Have Been Exposed to COVID-19

April 9, 2020

Construction firms and other critical infrastructure with employees who may have been exposed to someone with suspected or confirmed COVID-19 may allow those employees to continue working if they remain asymptomatic and they adhere to the following practices before and during their shift:

Pre-Screen: Employers should measure the employee’s temperature and assess symptoms prior to them starting…

AIA’s Response to COVID-19

April 9, 2020

The American Institute of Architects (AIA) created a task force to consider “the role of architects and the built environment in the current COVID-19 crisis.” On April 6, the task force published its first “Health Impact Briefing,” which discusses the use of alternative care sites (ACS) to provide healthcare operations in a non-healthcare setting or building. The task force is working to provide…

Good News for Construction Firms

April 8, 2020

The Treasury Department issued a formal guidance for the Paycheck Protection Program (PPP)  yesterday that clarifies that companies are eligible if they meet the 500-employee threshold or the annual revenue limit, but not both. SBA had said that construction firms had to meet both to qualify, but AGC successfully persuaded the Treasury Department to change SBA’s decision.

You can find the guidance …

Jackson Kelly Attorneys Featured in Webinar - Coronavirus Construction Industry Impacts: Contract Issues and More

March 31, 2020

Attorneys John W. Hays, Michael P. Leahey and Steven T. Mulligan will be presenting the webinar "Coronavirus Construction Industry Impacts: Contract Issues and More" on April 6, 2020 at 1:30 p.m. - 3:00 p.m. CDT. 

A few of the topics include Examining the COVID-19 pandemic’s Impact on the construction industry; Evaluating key contract provisions; Force majeure events: determining if coronavirus…

An Update on COVID-19: Executive Order 9-20 and the Construction Industry

March 24, 2020

On March 23, 2020, Governor Jim Justice issued Executive Order No. 9-20. Under the Order, all individuals within the State of West Virginia “are under a general stay-at-home order and are directed to stay at home or their place of residence unless performing an essential activity,” with “essential activity” defined by the Order. The intent of the Order is to “ensure that the maximum number of…

The Coronavirus and Your Construction Contract: Is Performance Excused due to COVID-19?

March 17, 2020

The Coronavirus has brought uncertainty to all aspects of life. Business has no doubt been affected, and the construction industry is no exception. If you are a contractor with a major construction project underway (or about to begin), you are naturally asking yourself how the outbreak affects your project. What happens if performance is delayed by shortfalls in labor or materials caused by the…

ConsensusDocs Offers Free Webinar on New Master Subcontract Documents

July 23, 2019

Last week, ConsensusDocs released their new “master” subcontract agreement, along with a corresponding form “work order.” Generally, such master agreements allow contractors to negotiate legal terms in advance and then deal with project-specific terms in individual work orders. General terms like indemnification or dispute resolution, for example, can be negotiated and drafted up front.…

The Opportunities and Risks of Opportunity Zone Projects

May 30, 2019

Investments are now coming into federal “Opportunity Zones.” The Opportunity Zone program, ushered in by the Tax Cuts and Jobs Act, allows various benefits for investors who reinvest capital gains in these federally designated zones throughout the country. The effect (in theory) is that investment will flow into these areas, which are typically low-income or underutilized, and new projects and…

"Walking in a Winter Wonderland" - Freezing Weather - Are You Protected?

March 7, 2019

“The coldest weather in a generation.” CBS Evening News (January 30, 2019)ⁱ. It is said that the only things in life that are certain are death and taxes – but if you are a construction contractor, or an owner with a tight completion schedule, add to that “bad weather.”

However, cold temperatures and other severe, bad weather do not necessarily entitle the contractor to a time extension.  What’s in…