Peckar & Abramson has formed its COVID-19 Task Force to guide clients and colleagues across the construction industry and other businesses as you face myriad legal and business issues arising out of the COVID-19 pandemic. As the law is changing rapidly and new legislation is being passed, P&A is aware that many of these topics require careful consideration and analysis of numerous issues. Our Task Force has and will continue to develop a range of resources created to help you navigate through these uncharted waters. A list of these resources can be found below. This page will continue to be updated with timely and relevant information.
As the coronavirus pandemic continues to evolve, P&A’s COVID-19 Task Force is aware that the law is changing rapidly and new legislation is continuing to be passed. To keep track of all COVID-19 federal and state Executive Orders, legislation and related orders, we have developed a Coronavirus/COVID-19 Public Action Matrix to keep you up to date with the latest developments.
Each link within the Matrix links to the most relevant information we have identified, including a copy of the order or guidance, a short summary of the legislation, links to the government website, as well as links to any additional guidance and related P&A Client Alerts.
We will continue to update this page with all the latest developments as we identify them.
12/23/2021
On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene issued an Order mandating that all New York City private employers require employees to be vaccinated against COVID-19. Please note that this Alert only addresses basic compliance with the New York City Vaccination Mandate. For our construction clients, […]
10/19/2021
The last eighteen months have brought tumultuous change for employers due to the COVID-19 pandemic. The pandemic has been a great disruptor, and has brought rules, regulations and related agency guidance that have served to overwhelm even the most conscientious and attentive employer. The welcomed arrival of COVID-19 vaccines has, in many respects, caused many […]
03/29/2021
In response to COVID-19 vaccines becoming more widely available to the general public, the New Jersey Department of Labor (NJDOL) issued new guidance on its website in the form of frequently asked questions (FAQ) regarding whether employers can mandate that employees obtain vaccinations as a term and condition of employment. The newly issued FAQ largely […]
03/24/2021
New York Governor Andrew Cuomo has signed into law recent legislation mandating that all private and public employers, regardless of employer size or industry, provide up to four hours of paid leave, per dosage, for employees to be vaccinated against COVID-19. Employers must offer leave under the terms of the new law until it expires […]
03/09/2021
A recent case from the Central District of California reminds us that not all insurance policies are alike. Depending on the particular policy, losses from the COVID-19 outbreak could qualify as property damage and therefore could be recoverable under an all-risk insurance policy. COVID-19 has in many cases imposed significant costs on contractors, and in […]
01/29/2021
SUMMARY Effective January 1, 2021, a new California law requires employers to notify employees about possible or known exposure to COVID-19 at the workplace. The law requires actual notification to employees within one day. In addition, the law requires notifications to local public health authorities of a COVID-19 outbreak. The law also gives Cal/OSHA a […]
12/04/2020
This article was written for the ConsensusDocs newsletter and first appeared here. Mediation took the construction industry by storm in the late 1980’s and has become a staple for resolving construction claims. Today, most construction contracts, including the ConsensusDocs, require mediation as a condition precedent to binding dispute resolution, whether it be arbitration or litigation. […]
11/19/2020
It was not long after the first pharmaceutical company announced a successful Phase 3 trial of a COVID-19 vaccine that questions began to be asked by employers about whether, and under what circumstances, an employer could mandate that employees receive a COVID-19 vaccine as a condition of employment. While it is presently legal for an […]
11/13/2020
On September 30, 2020, the Occupational Safety and Health Administration (OSHA) issued new regulatory guidance to clarify employer reporting requirements of COVID-19 related work incidents that lead to either an employee fatality or hospitalization. The reporting requirement for fatalities from a work-related COVID-19 infection is triggered when an employee dies within 30 days of being […]
10/21/2020
New Jersey employers make note: A recently enacted amendment to the New Jersey Workers’ Compensation Act entitles “essential employees”—including construction and many other types of private sector workers—who contract COVID-19 to the presumption that their illness is work-related. Significantly, this amendment is retroactive to March 9, 2020, the date of the initial pandemic state of […]
10/06/2020
This article was written for the ConsensusDocs newsletter and first appeared here. The emergence of COVID-19 has created a new set of challenges in the already complex world of negotiating construction contracts. In the pre-COVID-19 era, general contractors, construction managers and those negotiating on their behalf, needed to balance a variety of fairly well-established legal […]
09/19/2020
Richard R. Volack, Chair of Peckar & Abramson’s Cyber Security & Data Privacy Practice, has written “Grappling With Viruses on Multiple Fronts: Ongoing Cyber Risk Management in the Age of COVID-19,” an article for Construction Executive. Richard discusses the preventative measures that construction executives should take to keep the company and its computer systems safe […]
09/15/2020
Jerry P. Brodsky, Partner and Director of Peckar & Abramson’s Latin American Practice, has written the article, “COVID in the Americas – A Review of Impacts, Responses, Challenges for Construction Sectors,” for Daily Business Review/Law.com. Jerry discusses the similarities and differences between the impacts, responses, and challenges for construction in Latin America and the United […]
07/22/2020
The article, “Is the Construction Industry Ready? Hurricane Prep in the Midst of the Pandemic,” written by Melinda (“Mindy”) S. Gentile, Partner and P&A’s Diversity and Inclusion Chair, and Jerry P. Brodsky, Partner and Director of P&A’s Latin American Practice, was published in the Daily Business Review/Law.com and GlobeSt.com on July 22, 2020. Mindy and […]
07/17/2020
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 […]
07/15/2020
This article first appeared in Third Thursdays with the Construction Super Conference (CSC) on July 15, 2020 here. With the heat of summer raging and the global pandemic spiking in some regions of the U.S., effects on construction law are coming into focus. Third Thursday sat down with Patrick J. Greene, Esq., senior partner, Peckar […]
07/09/2020
This article was written for the ConsensusDocs newsletter and first appeared here. Currently Available Workplace Protocols for Employers Employers seeking to minimize the risk of COVID-19 transmission in the workplace should consider from among the three currently available protocols: Written Questionnaires; Temperature Checks; and Viral or Diagnostic Testing. When implementing a screening or testing protocol, […]
07/09/2020
Contractors performing work in Austin should be aware that the City of Austin (“City”) has recently approved an ordinance authorizing civil enforcement measures for worksites that fail to meet specific safety standards designed to prevent the transmission of COVID-19. Austin’s contractor community has been proactive in taking steps to make jobsites safe for their employees. […]
05/13/2020
On Wednesday, May 13, 2020, New Jersey Governor Phil Murphy issued Executive Order 142 providing for the resumption of non-essential construction projects in New Jersey as of Monday, May 18, 2020 at 6 a.m. Paragraph two of the Order, which can be viewed here, includes mandatory health and safety protocols to be followed. For a […]
05/07/2020
Over the next several weeks and months construction projects that had been shuttered will be restarted and new projects will be commenced. This Alert provides a checklist of issues that should be considered before starting or restarting such projects. These issues are drawn from lessons learned on “essential” projects that continued in hard-hit areas, guidance […]
04/21/2020
On April 17, 2020, the Department of Homeland Security Cybersecurity and Infrastructure Agency (“CISA”) issued Version 3.0 to the Guidance on the Essential Critical Infrastructure Workforce, which originally was published on March 19, 2020 (“CISA Guidance”). One key aspect of Version 3.0 is additional clarification on whether construction is essential. During the COVID-19 response, State […]
04/17/2020
This Alert explores the contract provisions and related rights that are likely to govern time and compensation adjustments for COVID-19 impacts. As parties begin analyzing such rights, this is intended to serve as a useful guide and checklist. Analysis of relevant contract provisions should start with careful consideration of the specific impacts that have been […]
04/03/2020
While the COVID-19 pandemic continues to impact the construction industry as a whole, the geographic location of projects and business operations, like the expansion of the virus itself, is in many ways influencing the ongoing impact and resulting conditions for those projects – whether public or private, large or small. This Florida COVID-19 Alert for […]
03/31/2020
The Department of Homeland Security’s Cybersecurity and Infrastructure Agency (“CISA”), issued Guidance on the Essential Critical Infrastructure Workforce, originally published March 19, 2020 and later updated on March 28, 2020 (“CISA Guidance”). During the COVID-19 response, State and local governments have the power to execute and enforce response activities, while the Federal Government performs a […]
03/30/2020
The Coronavirus (COVID-19) pandemic has, or likely will have, negative economic consequences for many, including companies facing significantly reduced cash flow and unprecedented liquidity concerns as they attempt to meet obligations like payroll. Companies may need to utilize their credit facilities for working capital. While the access to credit facilities is critically important, the negative […]
03/27/2020
Employers nationwide are struggling to cope with the developing situation regarding COVID-19. OSHA and the CDC have issued preliminary guidance for employers and workplaces in coping with the instant epidemic. OSHA’s complete guidance on preparing workplaces for COVID-19 is available HERE. The CDC’s interim guidance for businesses and employers is available HERE. In this alert, […]
03/25/2020
In a time when multiple new regulations and guidance from the Federal Government, as well as Executive Orders from states and counties abound, one new piece of federal legislation – the Families First Coronavirus Response Act (the “Act”) – deserves attention from every industry. Signed into law on March 18, 2020, the Act – which […]
03/25/2020
The Coronavirus (COVID-19) is impacting the construction industry in both the public and private sectors. A recent Associated General Contractors online survey revealed that more than a quarter of the respondents have already been directed to halt or delay work on a project. See Associated General Contractors, Data Digest, Vol. 20, No. 11, March 23, […]
03/25/2020
This memorandum provides the background guidance, a summary action-plan, and an appendix with resources from the CDC, OSHA, and the EEOC. For more specific local information, please be guided by information being issued by your local public health offcials and state and local authorities. Laws and guidance are evolving rapidly and may be subject to […]
03/22/2020
Right now, your construction projects may be in a state of uncertainty and flux as a result of the COVID-19 outbreak, but in the future, you may need to be specific about added costs and time lost to secure time extensions and recoveries. Action now may be enormously helpful in the future. Many contractors are […]
03/19/2020
“Effective tomorrow … the City is suspending all regular activity at construction sites in Boston.” This was just one of the surprises that greeted contractors last week. Contractors and owners with projects across the country are scrambling to comply with mandated governmental suspensions. Project participants should begin contingency planning for possible project shutdowns. Reacting to […]
03/13/2020
The Coronavirus has been the subject of an extraordinary amount of media coverage since the start of 2020. As we approach the end of the first quarter of the year, its impact on local and global economies and our way of life cannot be ignored. This Alert will provide the construction industry with guidance and […]
07/07/2021
Freddy Munoz, senior counsel in Peckar & Abramson’s Miami office, and associate Brett Moritz have written “Soaring Construction Material Prices: Tips for Reducing Ever-Increasing Costs”, an article for the Daily Business Review/Law.com. In the article, Freddy and Ben discuss the rising prices of construction materials as a result of the onset of the COVID-19 pandemic […]
Read More06/09/2021
Melissa Salsano, Senior Counsel in Peckar & Abramson’s New York office, and Steven M. Charney, Chair of the firm, have written “It’s a New World in 2021 – The Ongoing Rebalancing of Efficiencies, Risk Management and Dispute Resolution,” an article featured in Construction Executive (CE)’s “The Top 50 Construction Law Firms™” issue, in which Peckar & […]
Read MoreThe Department of Labor (DOL) Office of Inspector General (OIG) recently issued an audit report on OSHA’s handling of whistleblower complaints during the COVID-19 pandemic. The audit was performed due to concerns about the health and safety of workers and whether workers who reported potential workplace safety violations, such as lack of social distancing or […]
Read MoreAugust 11, 2020
NJ Lien Law & NJ Municipal Lien Law with NY Comparisons. Presented as part of ACCNJ‘s COVID-19 Webinar Series on August 11, 2020.
Read MoreJuly 21, 2020
The Current and Future State of Construction and Infrastructure: Opportunities and Challenges in the Evolving Crisis in conjunction with Turner Construction Company, Grassi Advisors & Accountants, Sumitomo Mitsui Banking Corporation and Star America Infrastructure Partners on July 21, 2020.
Read MoreJuly 14, 2020
Document Control: Risk Mitigation and Management. Presented as part of ACCNJ‘s COVID-19 Webinar Series on July 14, 2020.
Read MoreJune 11, 2020
Paycheck Protection Program (PPP) Q&A: Part 2 in conjunction with CohnReznick and Lockton Companies on June 11, 2020.
Read MoreJune 8, 2020
Effective Monday, June 8, 2020, New York City moves into Phase 1 of reopening. The New York City Department of Buildings has released new COVID-19 safety guidance for property owners and contractors of all permitted construction sites across the City. All jobs sites must adhere to the new rules. Click here to view the guidance […]
Read MoreJune 3, 2020
Melinda (“Mindy”) Gentile, Peckar & Abramson’s Diversity and Inclusion Chair and Partner in the firm’s Miami office, was quoted in Engineering News-Record‘s article, “Virus Snarls Hurricane Preparation,” published on June 3, 2020. Discussing the effect of the intersection of hurricane season and the coronavirus pandemic on construction, she says “a major weather event could exacerbate […]
Read MoreMay 29, 2020
Patrick J. Greene, Jr., Senior Partner and Co-chair of Peckar & Abramson’s COVID-19 Task Force, recently answered Construction Dive readers’ coronavirus legal questions as part of the publication’s “May Mailbag” feature. Questions include: (1) What types of guidance should contractors follow in order to maintain jobsite health and safety? (2) How can we adequately provide […]
Read MoreMay 27, 2020
Paycheck Protection Program (PPP) Q&A in conjunction with CohnReznick and Lockton Companies on May 27, 2020.
Read MoreMay 14, 2020
The Government is Here to Help You – Be Careful: Best Business Practices in the Post-COVID World. Presentation in conjunction with Guidepost Solutions LLC on May 14, 2020.
Read MoreMay 7, 2020
Stephen Katz, Chair of Peckar & Abramson’s Corporate Law Practice, participated in a Q&A forum on May 6 with AJ Sercombe of Lockton Companies, answering various questions related to PPP and the CARES Act. To watch the recording, click here.
Read MoreMay 7, 2020
All of us practicing law during these interesting times have come across situations in which we must apply long-standing rules to unique and ever-changing fact patterns. An example of this occurred in Vasquez v. City of Idaho Falls, Case No. 4:16-CV-00184-DCN (D. Idaho Apr. 13, 2020). In that case, the plaintiff’s racial-discrimination and retaliatory-discharge claims were […]
Read MoreMay 6, 2020
COVID-19 Construction Update: Claims and Related Coverage Issues. Presentation in conjunction with Saxe Doernberger & Vita on May 6, 2020.
Read MoreOn April 22, 2020, the Civilian Board of Contract Appeals (“CBCA”) issued a decision denying a contractor’s claim for the costs of demobilizing from a construction site due to concerns about performing work during an Ebola virus outbreak. Appeal of Pernix Serka Joint Venture v. Department of State, CBCA No. 5683 (April 22, 2020). This […]
Read MoreApril 27, 2020
As one of three founding members of CONSTRULEGAL®, we are pleased to share CONSTRULEGAL®’s first COVID-19 Alert. The alert includes three articles by founding members discussing the impact of COVID-19 on the construction industry, including “COVID-19: Lessons Learned from the Frontlines in New York, New Jersey and Around the U.S” by Peckar & Abramson Partners […]
Read MoreApril 22, 2020
“Construction Cyber Hygiene: A Staple in Today’s Infectious World,” written by Richard Volack, Chair of Peckar & Abramson’s Cyber Security & Data Privacy practice, was published by Construction Executive on April 22, 2020. Richard discusses some of the more recent social engineering, phishing, data security and ransom ware attacks that have arisen around COVID-19 and […]
Read MoreApril 21, 2020
Managing Subcontractor Default Risks During COVID-19: Part 2. Presentation in conjunction with FMI, Markel, and Hudson Insurance Group on April 21, 2020. To view the webinar recording or download the presentation slides, click here.
Read MoreApril 21, 2020
Gregory Begg, Co-chair of Peckar & Abramson’s Labor Relations and Employment Law Practice, recently answered Construction Dive readers’ coronavirus legal questions as part of the publication’s “April Mailbag” feature. Questions include: (1) How does a contractor safely know if his or her projects are essential? (2) Are there penalties on essential government projects if a […]
Read MoreOn March 30, 2020, the Office of the Under Secretary of Defense issued a Memorandum in response to impacts of COVID-19 on Department of Defense contracts (“Memorandum”). During this unprecedented time, the agency acknowledged the delays that may arise under current contracts with the Department of Defense because contractors are unable to access their work […]
Read MoreApril 17, 2020
National Association of Surety Bond Producers – Let’s Get Surety Podcast: Taking A Closer Look at Force Majeure Clauses in Today’s Environment. A podcast with Michael C. Zisa, Chair of the firm’s Surety and Construction Related Insurance Defense Practice Group Listen on Apple Podcasts here.
Read MoreApril 17, 2020
GWP Constructing Brands Podcast: Navigating the CARES Act with Stephen Katz. April 2020. Learn more about the podcast episode here.
Read MoreApril 16, 2020
COVID-19: Documenting Extra Work, Delay, and Impacts on Continuing Construction Projects. April 16, 2020.
Read MoreApril 13, 2020
This article first appeared in the DRI Construction Law Committee newsletter, “The Critical Path.” The risk that a construction worker will show up to work at a project site, perhaps unaware, but already infected with the COVID-19 virus must be anticipated and planned for. Such a situation threatens the health of other workers and imperils […]
Read MoreApril 9, 2020
COVID-19 Forum: A Series on Managing Risk In Unprecedented Times – Episode 3. April 9, 2020.
Read MoreApril 3, 2020
This article first appeared in the Expert Analysis column on Law360.com here. Pursuant to the Clean Water Act, most construction projects in the U.S. that will disturb one or more acres of earth are required to be covered by a National Pollutant Discharge Elimination System, or NPDES, construction stormwater discharge permit, either from the U.S. Environmental Protection […]
Read MoreApril 2, 2020
COVID-19 Forum: A Series on Managing Risk In Unprecedented Times – Episode 2. April 2, 2020.
Read MoreApril 1, 2020
How to Manage and Mitigate Subcontractor Default Risks During the COVID-19 Crisis. Presentation in conjunction with FMI and Cove Programs on April 1, 2020. To view the webinar recording or download the presentation slides, click here.
Read MoreEveryone in the United States has been affected in some way or another by the COVID-19 pandemic, but many companies with environmental compliance obligations are facing impossible situations. Worker shortages due to the pandemic as well as travel and social distancing restrictions imposed by many state and local governments have affected the ability of companies […]
Read MoreMarch 31, 2020
How to Manage the Impact of COVID-19 on the Construction Industry. Presentation in conjunction with Anchin on March 31, 2020.
Read MoreMarch 30, 2020
COVID-19 Employer Guidance: Expanded Leave Under Federal, NJ, NY/NYC Laws and Layoffs. Presentation date March 30, 2020 (Presentation Slides)
Read MoreWe have suddenly found ourselves in troubled economic times in New Jersey due to the COVID-19 crisis. For the past two weeks, I have received many calls about partnerships and limited liability companies (“LLC”). People want to know if they can make capital calls, dilute or disassociate members, or take other measures to deal with […]
Read MoreMarch 26, 2020
COVID-19 Forum: A Series on Managing Risk In Unprecedented Times – Episode 1. March 26, 2020.
Read MoreMarch 30, 2020
COVID-19 Employer Guidance: Workplace Safety – OSHA, CDC, and Virus Testing. Presentation date March 26, 2020 (Presentation Slides)
Read MoreMarch 19, 2020
Gary Stein was quoted in an article titled, “South Florida Builders Active, But Pipeline Stalls Amid Coronavirus”, which appeared in the Daily Business Review/Law.com on March 19, 2020. Stein was quoted a number of times throughout the piece, stating “In the construction industry, time is money. So if there is a suspension of a project […]
Read MoreMarch 17, 2020
Dear Clients, Colleagues, and Friends,
At Peckar & Abramson we have made necessary adjustments so that our lawyers and staff remain available to support your legal and business needs throughout the response to the pandemic.
P&A’s lawyers are monitoring all aspects of the Coronavirus outbreak as it affects the construction community and the related industries we serve. P&A will continue to issue periodic alerts that will keep you advised regarding relevant developments and we are prepared to be of assistance should you have any specific concerns.
Email addresses for our lawyers can be found on our website and contact information for each of our 11 offices is listed below. You may also call 888.343.3480 for assistance if you are encountering any difficulty contacting us.
P&A’s informative Client Alert, Coronavirus (COVID-19) - Guidance for Contractors, has received considerable national attention and is linked for your convenience.
As always, P&A is committed to serving your needs and we will continue to do so throughout this extraordinary situation.
We wish you and your families good health and safety.
Thank you,
Steven M. Charney
Chairman
Peckar & Abramson, PC
Office Contact Information:
New York, NY
+1 212.382.0909
River Edge, NJ
+1 201.343.3434
Austin, TX
+1 512.236.0009
Chicago, IL
+1 312.881.6300
Dallas, TX
+1 214.523.5100
Houston, TX
+1 713.568.1500
Los Angeles, CA
+1 310.228.1075
Miami, FL
+1 305.358.2600
Oakland, CA
+1 415.837.1968
Washington, DC
+1 202.293.8815
Boston, MA
+1 857.284.8155