General – Page 7 – Duane Morris Construction Law

May 7, 2020 by Duane Morris

Considerations of UK Construction Remobilisation

The construction industry in the UK has been afforded the freedom to continue work where it is safe to do so since the lockdown was implemented. It is a freedom that the sector has done its best to exploit where it can, with significant works continuing on a variety of essential and less essential projects. A number of leading construction companies and housebuilders have continued or recommenced work where they are able to do so, and a number of high profile projects are apparently progressing well. Build UK has reported that its members, who comprise some of the largest contractors operating in the UK, are now working on 73% of sites (up from 69% last week). However, the issues for the industry facing the prospect of full remobilisation to all sites have not changed.

To read the full text of this post by Steve Nichol and Matthew Friedlander, please visit the Duane Morris London Blog.

April 28, 2020 by Duane Morris

Construction Industry at Core of Post-COVID-19 Debates

By Owen Newman and Chris Chasin

Who is in the best position to sustain the loss? And what outcome is in the overall best interests of industry, economy and the public at-large? Governments will grapple with these issues in the context of COVID-19 in the months and years to come. And the construction industry, willing or not, will find itself at the core of these debates as it deals with COVID-19 related cost and schedule impacts caused by work stoppages, disruption of labor resources and productivity, disturbed supply chains and varied safety requirements. Continue reading “Construction Industry at Core of Post-COVID-19 Debates”

April 25, 2020June 11, 2020 by Duane Morris

Building and Construction Industry Security of Payment Act: Supplementary Rules for Electronic Adjudication Lodgment

On 15 April 2020, the Singapore Mediation Centre (“SMC”) enacted Supplementary Rules for Electronic Adjudication Lodgment.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 30, 2020June 11, 2020 by Duane Morris

Construction During the COVID-19 Pandemic – Essential, Nonessential or What?

As more and more states and localities shut down entire industries and order workers and citizens to stay home and shelter in place, many companies are asking “How does this affect my operations?” In this Alert, we focus on the construction industry and how “essential” is being defined across the federal, state and municipal level.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 30, 2020June 11, 2020 by Duane Morris

New York State Halts Nonessential Construction

As the COVID-19 pandemic rages on, many states are implementing increasingly strict measures to prevent further spread of the virus. These measures include travel restrictions, extended school closures and requirements that individuals stay at home except as necessary to provide certain essential business and government services. Until recently, New York state considered construction to be an essential business, as outlined in Governor Andrew Cuomo’s Executive Order 202.6.

In the wake of pressure from various labor organizations and community groups, however, Governor Cuomo issued Executive Order 202.13, dated March 29, 2020. The new Executive Order states, in pertinent part, as follows:

Executive Order 202.6 is hereby modified to clarify that construction which was an essential service not subject to the in-person work restrictions is modified to provide only certain construction is considered exempt from the in-person restrictions as of March 28, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 30, 2020June 11, 2020 by Duane Morris

CARES Act Impacts Engineering and Construction Sector

COVID-19 precautions continue to impact construction by delaying material shipments and reducing labor availability, as well as governmental orders to halt many construction projects. Some ongoing or planned construction projects are at risk of being suspended or terminated because of reduced demand in various sectors, such as hospitality or oil and gas, because of the COVID-19 pandemic.

Many engineering and construction companies have shifted tasks to remote working arrangements and must invest in IT infrastructure and training to limit efficiency losses. Some companies have been forced to lay off employees because of delayed and canceled construction projects.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 26, 2020March 26, 2020 by Duane Morris

Coronavirus and Construction in the UK: The Time to Talk Is Now

In an industry of seemingly ever-tighter margins across the board, it is perhaps unsurprising that the construction industry has fought to continue through the current coronavirus crisis as much as it has. However, many in the industry have stopped work and shut down sites and, despite the current and perhaps somewhat over-optimistic view from the government that work can continue whilst still complying with social distancing rules, it seems inevitable that all non-essential work will stop very soon. Continue reading “Coronavirus and Construction in the UK: The Time to Talk Is Now”

March 24, 2020June 11, 2020 by Duane Morris

U.S. Army Corps of Engineers to Award Contracts to Convert Existing Buildings into ICU-like COVID-19 Treatment Facilities, Starting in New York

During a press conference on March 20, 2020, the U.S. Army Corps of Engineers (USACE) discussed plans to assist state-level COVID-19 relief efforts. USACE support will include the conversion of existing, underutilized buildings such as hotels, college dormitories and potentially large spaces into ICU-like treatment facilities.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 18, 2020June 11, 2020 by Duane Morris

Coronavirus and Construction Contracts

As of March 17, Boston halted all construction jobs in the city for two weeks due to the COVID-19 pandemic. This decision has affected approximately 21.4 million square feet of new or renovated development across 97 projects. Other municipalities have implemented travel restrictions and shelter-in-place orders requiring individuals to stay at home except as necessary to provide certain essential business and government services. These domestic actions, coupled with tighter border controls and quarantines at the international level, will inevitably result in supply chain disruption and labor force shortages.

As COVID-19 continues to spread throughout the country, it will impact project performance. There are some important contract considerations that parties should keep in mind as they evaluate their response to project delays and closures, safety concerns, and vendor and workforce unavailability.

To read the full text of this Duane Morris Alert, please visit the firm website.

January 3, 2019 by Jose A. Aquino

NY Governor Vetoes Bill To Allow Delay Damages On Public Contracts

New York Governor Andrew Cuomo ended 2018 by vetoing New York Senate Bill 6686 to amend the state finance law by adding a new section 138-b to allow contractors working on public construction projects seek delay damages against government agencies. The vetoed bill would have required all public contracts to contain a clause allowing a contractor, subcontractor or supplier to make a claim for costs due to excusable delays resulting from actions or omissions by a public owner or any of its representatives. The bipartisan bill sponsored by Senators Michael Ranzenhofer (Republican) and Luis Sepulveda (Democrat) passed the Assembly by a vote of 103 to 40 and the Senate 59 to 0. The text of the bill can be seen here.

Jose A. Aquino (@JoseAquinoEsq on Twitter) is a special counsel in the New York office of Duane Morris LLP, where he is a member of the Construction Group and of the Duane Morris Cuba Business Group. Mr. Aquino focuses his practice on commercial litigation with a concentration in construction law, mechanics’ lien law and government procurement law. This blog is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this blog are those of the author and do not necessarily reflect the views of the author’s law firm or its individual attorneys.