The article “Representations and Certifications: Implementing Processes to Protect Executives and the Company,” written by Patrick J Greene, Jr., a Senior Partner with Peckar & Abramson, was published in Construction Executive on July 17, 2020.
The article discusses policies and procedures that should be included as part of a comprehensive compliance program. As Patrick mentions, the construction industry was familiar with compliance requirements prior to the COVID-19 pandemic. He states, “In fact, almost all construction contractors, construction managers and subcontractors routinely execute documents that include representations about themselves, their products and their performance.” Patrick continues to explain, “Based upon these common (and copious) requirements in the construction industry, it is not surprising that in jurisdictions hard-hit by COVID-19, governments and building authorities are requiring the submission of detailed safety plans, as well as regular affirmations, certifications and/or affidavits of compliance with those plans and published requirements and recommendations. Even where express representations are not required, general representations of compliance, such as those contained in payment applications, may be considered as implied certifications of compliance with mandatory safety protocols.” The article dives into further insights regarding compliance and the processes companies should implement for protection.
The full article can be read here.Back to P&A Client Alerts & Publications