Businesses who are engaged in construction related activities, whether on public or private projects, can anticipate that there will be new and challenging legal issues related to COVID-19. While COVID-19 continues to affect your supply chain and work efficiencies, the typical contract force majeure and delay clauses may no longer offer you remedies to address COVID-19 cost and time impacts.  Without a doubt, COVID-19 delays are now foreseeable and as such it is important to make sure your future construction contracts include provisions that will help minimize the continued COVID-19 adverse impacts. Below are couple of options to consider when entering
Read More

Signed by President Trump on March 18, 2020, The Families First Coronavirus Response Act (“FFCRA”), requires employers to provide their employees with paid sick leave and expanded family and medical leave for reasons related to COVID-19. At first blush, it appears the FFCRA picks up where the FMLA leaves off and requires businesses with fewer than 500 employees to pay sick and family medical leave. Indeed, DOL’s FFCRA pamphlets, posters and summary sheets indicate employers with fewer than 500 employees are on the hook.  But, are all employers with fewer than 500 employees really on the hook? A more thorough review of the Final Rule as
Read More

I hope you and your families are well. The last couple of weeks have turned our normal upside down and literally wreaked havoc on virtually every part of the economy and your business.  Below are a four “things to think about”, during these crazy times. Consider Business Interruption Insurance Business interruption coverage is triggered when the policyholder sustains “direct physical loss of or damage to” covered property for certain causes of loss. The “physical loss” or damage does not necessarily require that a physical alteration to the property occurred. Courts have interpreted physical loss to mean property that has been rendered uninhabitable or
Read More