The Great Recession is still fresh in many people’s minds. Those involved in the construction industry certainly recall how those economic problems resulted in tightening cash-flow and the demise of contractors such as Lamar Construction. The present crisis is causing...
Construction Law
CISA Advisory on Essential Critical Infrastructure Workforce
The Cybersecurity and Infrastructure Security Agency (CISA) issued an advisory memo on March 28, 2020, regarding the “Essential Critical Infrastructure” status of workers in certain industries, largely patterned after a previous guidance issued on March 19, 2020. So...
Enforcement of Michigan’s “Stay Home, Stay Safe” Executive Order 2020-21
In these uncertain times, many are wondering how Governor Whitmer’s “Stay Home, Stay Safe” Executive Order 2020-21 will be enforced and by whom. The confusion and uncertainty among construction workers and other businesses about what projects are deemed “critical...
Designation of Critical Infrastructure Workers Under the Governor’s COVID-19 Executive Order
As you no doubt know by now, Executive Order 2020-21 suspended “activities that are not necessary to sustain or protect life.” The Order directs that no person or entity shall operate a business or conduct operations that require workers to leave their homes or places...
Federal Families First Coronavirus Response Act: What Employers Need to Know
On Wednesday, March 18, 2020, the U.S. Senate approved, and President Trump signed, the “Families First Coronavirus Response Act” (the “FFCRA” or “Act”) into law. The Act becomes effective within 15 days on April 2, 2020. The Act addresses and responds to growing...
Recommendations for Navigating the Coronavirus (COVID-19) in the Construction Industry
As the impact of the coronavirus gathers steam, we are just beginning to feel the repercussions – imperiled labor force, supply chain disruption, project shutdowns, enormous financial disruption, unsettling uncertainty. All this may leave you asking – What should I...
The Coronavirus and Construction Contract Performance Responsibilities
Read an update on how the Coronavirus affects construction contract performance responsibilities.
COVID-19 & Insurance Coverage for Business Interruption
Parties use insurance to transfer risks inherent in their business activities. As to potential insurance coverage for business interruption caused by COVID-19, the general outlook is unfavorable as most policies will exclude personal injury or property damage caused by a communicable disease.
Construction Defect Coverage: the Michigan Supreme Court revisits the question of whether coverage exists for construction defects under standard commercial general liability policies
An important case for contractors and subcontractors has surfaced at the Michigan Supreme Court. Skanska USA Building, Inc. v. M.A.P. Mechanical Contractors, Inc. raises the question: is property damage coverage under a standard commercial general liability policy...
AIA-2017—The Oxford Comma Reigns!
Every 10 years, the American Institute of Architects (AIA) releases updated editions of its flagship design and construction agreements, the most recent of which AIA published in 2017. The 2017 revisions were unexceptional. For the most part, commonly negotiated...