April 2020

State Legislatures Considering Bills to Extend Business Interruption Coverage for Coronavirus Losses

The COVID-19 pandemic is having enormous impact on our lives, our companies, our society and our government.Three state legislatures – New Jersey, Ohio and Massachusetts – have each proposed novel bills that would retroactively require companies that p…

March 2020

How to Handle a Bankruptcy Filing By an Owner or Subcontractor

Given the coming economic turbulence stemming from the COVID-19 pandemic, general contractors should be prepared with a plan of action in case a project owner or subcontractor files a bankruptcy petition. This article discusses two issues in that regard wh…

Mitigate Project Impacts Due To Coronavirus (COVID-19)

With the outbreak of, continued escalation of and unknowns with respect to the 2019 Novel Coronavirus (COVID-19), the construction industry must anticipate time and cost impacts to work on construction projects. The declared states of emergency nationwide,…

The Coronavirus (COVID-19) Quarantine as a Force Majeure Event

Quarantines stemming from the 2019 Novel Coronavirus (COVID-19) are resulting in disruption in the supply chain for manufacturing, storing, transporting, and importing construction materials and construction equipment. Do such quarantines constitute ground…

July 2019

Tariffs, Taxes, and Trade Wars: Using Material Price Escalation Clauses to Mitigate Risk in an Uncertain Political Climate

Current economic conditions and recent changes to trade policy governing the importation of goods crucial to construction activities—aluminum, steel, fuel, etc.—have had a significant impact on the cost of these and other goods in recent years. As a re…

June 2019

Massachusetts Supreme Judicial Court Addresses Prevailing Wage Act Issues

The Massachusetts Supreme Court issued a 29-page opinion at the end of May that will be of interest to contractor-employers working public projects in Massachusetts. The article discusses two of the various issues addressed in the court's opinion: (1) the …