Blog

Force Majeure Under the Coronavirus (COVID-19) Pandemic

  • Posted by Lindsay T. Watkins
  • On March 17, 2020
As COVID-19 disrupts work and life as we know it, the question many contractors have is what protections are available against the inevitable project impacts and delays?  Generally, construction contracts require a contractor to timely perform work until project completion or potentially face damages (liquidated or actual) and possible termination.  When events occur, however, that […]

Architect’s Executed AIA Certificate of Substantial Completion Does Not Conclusively Establish Date of Substantial Completion for Purposes of the California Statute of Repose

  • Posted by Bruce A. Cohen
  • On May 5, 2020
Most states, including Washington, have adopted a statute of repose to protect parties to the construction process from indefinite “long tail” liability for construction defects.  The effect of statutes of repose is to bar any action which occurs a set number of years after the date of a project completion milestone set forth in the […]

Governor Inslee Announces First Phase of Construction Re-Opening Plan Can Begin Today – April 24, 2020

  • Posted by Lindsay T. Watkins
  • On April 24, 2020
Today at 11:30, Governor Inslee made a live announcement that provides for the start of Phase 1 of a multi-phase re-opening plan for construction in Washington.  The detailed 30 point Phase 1 plan can be found here and includes multiple requirements, including identifying a specific COVID-19 Site Supervisor, keeping workers 6 feet apart at all […]

City of Seattle Temporarily Shuts Down Public Works to Enforce Health and Safety Plans

  • Posted by Masaki J. Yamada
  • On April 8, 2020
The Governor’s Stay Home, Stay Safe Order mandates that essential businesses must establish and implement social distancing and sanitation measures established by OSHA and the WA State DOH: OSHA and the OSHA Guidelines for Employers; Washington State DOH (referring to the CDC guidance). With construction work continuing on essential construction projects, some jurisdictions, such as […]

Essential Project Determination Required for City of Seattle Inspections

  • Posted by Scott R. Sleight
  • On April 6, 2020
While we have been assisting clients with seeking clarification from the State that certain projects involve essential construction activity or activity exempted from the Stay Home-Stay Safe Order “to prevent spoliation and avoid damage or unsafe conditions, and address emergency repairs…”, local jurisdictions have begun imposing additional requirements.  Most notably, on March 27, the City […]

The Carpenters Union of Massachusetts Stops all Work Effective Monday Due to Inability to Work and Maintain “Social Distancing”

  • Posted by John P. Ahlers
  • On April 3, 2020
The Carpenters Union in Massachusetts is stopping all work on all construction projects, other than healthcare facilities, effective April 6, 2020. As set forth below, the Union’s Executive Secretary-Treasurer cites the increasing number of confirmed COVID-19 cases and deaths, and the fact that construction sites in Massachusetts are “abnormally dangerous” and that “continuing to work […]

AGC Publishes Sample Plan for COVID-19 Exposure Prevention, Preparedness and Response

  • Posted by John P. Ahlers
  • On March 31, 2020
The Associated General Contractors of America (AGC) today (March 31, 2020) published the following “Sample Plan for COVID 19 Exposure and Response.” For those companies who are required to submit safety plans as a condition of working on essential projects, and for those who are looking for a written plan to deal with the contingencies […]

Cybersecurity and Infrastructure Security Agency (CISA) List of Essential Critical Infrastructure Workers During COVID-19 Response

  • Posted by John P. Ahlers
  • On March 30, 2020
Many of our readers have been struggling with the definition of what is and is not an essential infrastructure and therefore exempt from the general shutdown proclamation. The Cybersecurity and Infrastructure Security Agency (CISA) – part of the U.S. Department of Homeland Security (DHS) – has issued the below Memorandum which lists essential infrastructure federal […]

Poster For Construction Projects Operating During Coronavirus Shutdown

  • Posted by John P. Ahlers
  • On March 27, 2020
Set forth below (and attached here) is a useful poster for construction projects that are continuing to operate during the coronavirus pandemic and shutdown. There is no requirement that this poster be displayed on the project; however, it is a useful posting to have in the event there is a question whether the contractor took […]

Governor Inslee’s Memorandum Clarifying His “Stay Safe-Stay Home” Order

  • Posted by Scott R. Sleight
  • On March 26, 2020
As noted in our posts on March 24 (see original and update posts) and notwithstanding advisories by certain trade groups and law firms promoting broad interpretation of Governor Inslee’s “Stay Safe-Stay Home” Order to allow most construction projects to proceed, we recommended a more conservative interpretation of that Order pending clarification from the Governor.  At […]

Authorization Letter / “Hall Pass”

  • Posted by John P. Ahlers
  • On March 25, 2020
Valued Clients and Blog Subscribers: In light of the governor’s proclamation on March 23, 2020, we anticipate a number of your workers will be required to travel and to perform maintenance, tasks, services or other construction-related work on various of your ongoing projects. Therefore, we recommend that you provide those workers with an authorization letter […]