Any time a contractor receives a notice to cure, it should tread carefully and review its contract to determine its response. Recently, the Georgia Court of Appeals evaluated a case in which the general contractor terminated the subcontractor’s contract for failure to provide adequate labor to the project. The court determined that the general contractor
You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who reportedly instructed his employees not to wear masks in the office. If a visitor enters Sheriff Billy Wood’s office with a
On 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
On 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
Over the weekend, the Cybersecurity & Infrastructure Security Agency (CISA) issued updated guidance expounding on its classification of workers who are essential to the nation’s critical infrastructure viability during the COVID-19 crisis. As discussed in our previous alert and blog post, CISA has identified 16 key infrastructure sectors that should continue operations to protect
As the coronavirus pandemic’s devastating impacts continue to evolve, governments at all levels (local, state and federal) are taking various measures to respond to the virus outbreak. Several governors and mayors have issued orders shutting down certain business operations while others are focusing more on non-business activities. Owners, contractors, vendors and suppliers are asking whether
Since our last article, fear of the coronavirus (COVID-19) continues to spread as rapidly as the disease itself. Within the last few days, President Trump declared a national emergency and announced the steps the Executive Office is taking to respond to the outbreak. The virus and the efforts taken to prevent its proliferation are
The coronavirus disease (COVID-19) continues to dominate global headlines and markets. In the U.S., COVID-19 has prompted two governors to declare states of emergency; tragically claimed the lives of multiple U.S. residents; and has been reported in 10 states and counting. Due to the growing impact of the coronavirus, commercial contractors would be wise to
Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening America’s federal prohibition abound in Congress. This rapidly evolving legal landscape presents new challenges for contractors (and other employers), particularly
Every construction project has a contract (written, preferably), and they often vary in size and scope depending on the nature and complexity of a project. Many construction industry participants have developed their own contract forms, and others rely on industry standard contract forms such as the AIA and ConsensusDocs standard forms. ConsensusDocs forms evolved from