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Articles Posted in Construction Generally

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Construction in COVID-19 – Updated Orders from around the United States

As seen in our Updated COVID-19 Construction Chart, many states saw action – or intentional inaction – this past week as it relates to COVID-19-related governmental orders. Some states are expressly allowing construction to resume this week including: Michigan (as of May 7) Ohio (as of May 4) Vermont (construction…

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Boston Extends Construction Moratorium Amidst Stay-At-Home Orders

Boston Mayor Martin J. Walsh first limited construction in the City of Boston to essential work on March 17. This pause in non-essential construction has been extended indefinitely by order of the Boston Public Health Commission on April 24. On April 27, Mayor Walsh confirmed that he will not re-open…

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Construction in COVID-19 – Updated Orders from around the United States

Like almost everything in the COVID-19 crisis, the construction landscape changes daily. Pillsbury has updated its analysis of the impacts to construction projects as a result of orders in the 50 states and Washington, DC. Multiple states extended their existing orders regarding closure of essential businesses: Mississippi extended its Shelter-in-Place…

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Is Construction Essential During COVID-19?

The Federal government issued an advisory list of essential critical workers, including workers doing certain types of construction, but deferred to states and local governments to implement any orders. In “Construction During COVID-19: Is It Essential?,” colleagues Laura Bourgeois LoBue, Matthew D. Stockwell, and Elizabeth J. Dye address that there is…

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So the Government Shut Down Your Construction Project—What Next?

The impact of COVID-19 on construction projects continues to evolve as an increasing number of are issuing orders suspending construction. While complying with obligations in the face of a project being shut down, parties should not lose sight of actions that will best position them when construction resumes. In “So the…

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Force Majeure, Construction Delays, Labor Shortages and COVID-19

The global effect of the Coronavirus disease (COVID-19) is still unknown, and the progress of many large-scale construction projects has been affected by “Shelter in Place” orders, although some states and localities have classified construction projects as “essential.” Just last Friday, New York shut down all construction, with few exceptions.…

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New York Shuts Down Majority of Construction

Due to pressure from construction workers, officials, and some construction workers having tested positive for COVID-19, the Empire State Development Corp. (acting on behalf of Governor Cuomo) has frozen all construction in New York today, with the exception of work on hospitals and health care facilities, transit facilities, roads and…

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No Sales or Use Tax Due on Materials and Equipment Used to Construct and Install Steam Facility at Tennessee Manufacturing Plant

In a letter ruling published March 16, 2020, the Tennessee Department of Revenue concluded that a contractor’s purchase of materials and equipment for use in the construction and installation of a new steam production facility at a federally owned manufacturing plant was exempt from Tennessee sales and use tax.  Tenn.…

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How to Build a Coronavirus Hospital in Ten Days

If the coronavirus pandemic continues to spread in the United States as it has in other countries, drastic expansions of hospital and quarantine facility capacity are likely to be necessary. In the hard-hit Seattle area, several temporary facilities are already under construction, including a 200-bed temporary quarantine and isolation center…

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Triple Points to the English Court of Appeal for Clarifying the Law on LDs

Can an employer recover liquidated damages (LDs) from a contractor if the contract terminates before the contractor completes the work? Surprisingly, heretofore, English law provided no clear answer to this seemingly straightforward question, and inconsistent case law over the past century has left a trail of confusion. Given the widespread…