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Alex Thrasher is an attorney in the Construction Practice Group who represents owners, general contractors and subcontractors across the country in complex commercial disputes. In addition, Alex advises clients on a range of other legal issues, including strategic business and project planning, contract drafting, negotiation and administration, government contracting, and lien and bond claims. He also represents and advises clients in real estate transactions and other general commercial matters.

Policy Clauses, Exclusions and Endorsements: Language MattersThe Ninth Circuit Court of Appeals just reminded policyholders that while coverage exclusions are to be read narrowly, they must also be read comprehensively.

In Engineered Structures, Inc. v. Travelers Property Casualty Company of America, Engineered Structures, Inc. (ESI) obtained a builders’ risk insurance policy from Travelers Property Casualty Company of America (Travelers) to

Coverage for Defective Work? Michigan Joins MajorityMichigan has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims for property damage allegedly caused by the defective work of a subcontractor. In a unanimous decision reversing the Michigan Court of Appeals, the Michigan Supreme Court held that a subcontractor’s unintentional defective work was an “accident”

SBA Issues Interim Final Rule on PPP Loan ForgivenessUnder the Paycheck Protection Program (PPP), borrowers can seek loan forgiveness of the full principal amount of loans as early as eight weeks after disbursement of the loan proceeds. On May 22, 2020, the U.S. Small Business Administration (SBA) issued its Interim Final Rule regarding the loan forgiveness application process in advance of anticipated loan

OSHA’s COVID-19 Enforcement Updates: Case Response Plan and Employer Recordkeeping GuidanceOn May 19, 2020, OSHA issued an Updated Interim Enforcement Response Plan for Coronavirus Disease to address how the administration intends to handle COVID-19 related complaints, referrals and reports. At the same time, OSHA also issued Revised Enforcement Guidance for Recording COVID-19 Cases. Both the plan and the updated guidance go into effect on

SBA’s New Corporate Group Limitation and Additional PPP Loan GuidanceIn the last few days, the Small Business Administration (SBA) provided additional answers to frequently asked Paycheck Protection Program (PPP) questions and published yet another interim final rule on the administration of PPP loans. Applicants and borrowers should be aware of these updates to ensure compliance with the latest program requirements and avoid any non-compliance

2020 Construction Planning in the Wake of COVID-19The COVID-19 pandemic swiftly eroded recent gains in the U.S. and world economies and has exposed economic and societal vulnerabilities that many believed, or at least hoped, would never come to light. There’s no doubt the virus is negatively affecting the economy, American workers and families. Although construction has been deemed “essential” to one degree

OSHA Issues Temporary Guidance on Enforcement of Employers’ COVID-19 RecordkeepingOn April 10, 2020, the Occupational Safety & Health Administration (OSHA) issued interim guidance for the enforcement of employer reporting requirements arising from COVID-19 illnesses that will remain in effect during the duration of the “current public health crisis.” The guidance clarifies when employers must record COVID-19-related cases. Such a case is recordable if an

SBA Issues Continued Guidance on PPP LoansOn April 7, 2020, the Small Business Administration (SBA) issued additional guidance on the Paycheck Protection Program (PPP) in the form of answers to frequently asked questions about the PPP. According to the new guidance, actions taken by lenders or borrowers that conform to the guidance, the SBA’s Interim Final Rule, and any subsequent

What Small Businesses Need to Know about New PPP GuidanceLast week, the Small Business Administration (SBA) published its Interim Final Rule providing formal guidance on the implementation of the Paycheck Protection Program (PPP) authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Under the PPP, the SBA is authorized to guarantee a total of $349 billion in loans through June 30,

Quick Tips on Effective Construction Quality ControlQuality control (QC) programs and reporting are not new to the construction industry. Engineers’ and owner’s specifications, and even manufacturers’ product data sheets, make clear what procedures must be followed and what records must be prepared to ensure that specified quality requirements are met or are within acceptable limits. Contractors are used to filling out