Courtney M. Malveaux | Jackson Lewis The Occupational Safety and Health Administration (OSHA) has issued guidance for construction industry employers to prevent the spread of COVID-19. In addition to measures the agency suggests for all employers, the guidance includes a variety of preventive measures at construction sites, such as: Using Environmental Protection Agency-approved cleaning chemicals from List N or that… Continue reading OSHA Issues Guidance on Prevention of COVID-19 Cases at Construction Sites
Month: June 2020
Arbitrating Construction Matters: A Preferable Means of Resolution in Light of the COVID-19 Pandemic?
Adam J. Hiller | Gordon Rees Scully Mansukhani Do we advise our contractor clients to litigate or arbitrate? It is a question that is considered frequently in the construction context; however, with the COVID-19 pandemic and a “new normal” that is all but certain to develop, arbitration may become a preferred means to resolve disputes.… Continue reading Arbitrating Construction Matters: A Preferable Means of Resolution in Light of the COVID-19 Pandemic?
An Interesting Take on Unjust Enrichment from the Virginia Supreme Court
Christopher G. Hill | Construction Law Musings Construction jobs involve numerous contractual relationships between and among general contractors, suppliers, architects, and subcontractors (to name a few of the relationships). In most cases, aside from exceptions such as mechanic’s liens, the concept of contractual privity keeps those “lower” on the contractual chain from jumping over the party… Continue reading An Interesting Take on Unjust Enrichment from the Virginia Supreme Court
When Does a Mechanics’ Lien Effect?
Kent Scott | Babcock Scott & Babcock The Utah Mechanic’s Liens Act needed some clarification on when exactly a mechanic’s lien goes into effect. That clarification came in February 2015 from the Court of Appeals of Utah. In the case Pentalon Construction, Inc. v. Rymark Properties, LLC the court ruled that “nearly completed excavation constitutes… Continue reading When Does a Mechanics’ Lien Effect?
Pay-When-Paid Contract Clause Loses in California Appeals Court
Greg Aragon | ENR California A California appellate court ruling on an industry standard “pay-when-paid” contract could have major implications about how and when subcontractors are paid for project work. The April 17 judgment held that the pay-when-paid clause violated state public policy and did not provide for payment within a reasonable time. In the… Continue reading Pay-When-Paid Contract Clause Loses in California Appeals Court