COVID-19 Task Force
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.
Public Action Matrix
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.
Client Alerts
Is the Construction Industry Ready? Hurricane Prep in the Midst of the Pandemic
Published Date:
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 […]
Representations and Certifications: Implementing Processes to Protect Executives and the Company
Authors:
Patrick J. Greene, Jr.Published Date:
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 […]
Analysis – Virus Related Legal Issues
Authors:
Patrick J. Greene, Jr.Published Date:
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 […]
Employee Screening and Testing in the COVID-19 Era: Getting Back to Work
Published Date:
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, […]
New Austin Ordinance Authorizes Civil Enforcement of COVID-19 Safety Measures
Published Date:
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. […]
Coronavirus (COVID-19) – Guidance and Best Practices for Contractors
Published Date:
07/08/2020
The Coronavirus (COVID-19) pandemic has adversely affected the way of life for billions of people seemingly overnight. From running everyday errands to its impact on the global economy, no aspect of humanity has been spared. While the potential impacts of the Coronavirus to the construction industry remain shrouded in ambiguity, what we do know is […]
New Jersey Construction Reopens Monday, May 18 at 6:00 a.m.
Authors:
Patrick J. Greene, Jr.Published Date:
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 […]
Going Back to Work – Starting or Restarting a Construction Project During the Pandemic
Published Date:
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 […]
CISA Updates Guidance on Identifying Critical Infrastructure Workers: Does Your Work Fall Within These Sectors?
Published Date:
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 […]
COVID-19 Damages and Time Recovery: Contract Checklist and Analysis
Authors:
Patrick J. Greene, Jr.Published Date:
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 […]
COVID-19 and Florida Construction: Lessons from the Frontlines in New York, New Jersey, and Around the U.S.
Published Date:
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 […]
CISA Issues Guidance on Identifying Critical Infrastructure Workers: Does Your Work Fall Within These Sectors?
Published Date:
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 […]
Coronavirus (COVID-19) Impacts Access to Working Capital Under Credit Facilities
Published Date:
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 […]
Employer Guidance – Coronavirus Workplace Safety, Employee Screening and CDC/OSHA Compliance
Published Date:
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, […]
Families First Coronavirus Response Act
Published Date:
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 […]
COVID-19 Impacts on Federal Government Contracts – Protecting Your Rights Associated with Delays & Suspensions of Work
Published Date:
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, […]
GENERAL COVID-19 (CORONAVIRUS) GUIDANCE FOR EMPLOYERS
Published Date:
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 […]
Planning Now to Prove Your COVID-19 Damages and Delays Later
Published Date:
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 […]
You’ve Been Suspended – Were You Ready?
Published Date:
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 […]
Coronavirus (COVID-19) – Guidance for Contractors
Published Date:
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 […]
Publications
The Current and Future State of Construction and Infrastructure: Opportunities and Challenges in the Evolving Crisis
Published Date:
July 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 MoreACCNJ – Document Control: Risk Mitigation and Management
Published Date:
July 14, 2020
Document Control: Risk Mitigation and Management. Presented as part of ACCNJ‘s COVID-19 Webinar Series on July 14, 2020.
Read MorePaycheck Protection Program (PPP) Q&A: Part 2
Published Date:
June 11, 2020
Paycheck Protection Program (PPP) Q&A: Part 2 in conjunction with CohnReznick and Lockton Companies on June 11, 2020.
Read MoreNew York City Construction Activity Restarts Monday, June 8: New York City Department of Buildings Releases New COVID-19 Safety Guidance
Published Date:
June 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 MoreMelinda Gentile Quoted as Source in Engineering News-Record
Published Date:
June 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 MorePatrick Greene Answers Construction Dive Readers’ Coronavirus Legal Questions
Published Date:
May 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 MorePaycheck Protection Program (PPP) Q&A (Recording)
Published Date:
May 27, 2020
Paycheck Protection Program (PPP) Q&A in conjunction with CohnReznick and Lockton Companies on May 27, 2020.
Read MoreThe Government is Here to Help You – Be Careful: Best Business Practices in the Post-COVID World (Presentation Slides and Recording)
Published Date:
May 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 MorePPP/CARES Act Q&A (Recording)
Published Date:
May 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 MoreRequesting Video Trial Testimony in Light of COVID-19: Idaho district court makes a special exception in extreme circumstances
Published Date:
May 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 MoreCOVID-19 Construction Update: Claims and Related Coverage Issues (Presentation Slides and Recording)
Published Date:
May 6, 2020
COVID-19 Construction Update: Claims and Related Coverage Issues. Presentation in conjunction with Saxe Doernberger & Vita on May 6, 2020.
Read MoreCBCA Denies Ebola Shutdown Claim – A Sign of Things to Come?
On 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 MoreCONSTRULEGAL® COVID-19 Alert
Published Date:
April 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 MoreRichard Volack Published in Construction Executive
Published Date:
April 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 MoreManaging Subcontractor Default Risks During COVID-19: Part 2 (Presentation Slides and Recording)
Published Date:
April 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 MoreGregory Begg Answers Construction Dive Readers’ Coronavirus Legal Questions
Published Date:
April 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 MoreDepartment of Defense Issues Memorandum and Implementation Guidance Regarding Section 3610 of the CARES Act in Response to Impacts Associated with COVID-19
On 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 MoreTaking A Closer Look at Force Majeure Clauses in Today’s Environment (Podcast)
Published Date:
April 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 MoreNavigating the CARES Act with Stephen Katz (Podcast)
Published Date:
April 17, 2020
GWP Constructing Brands Podcast: Navigating the CARES Act with Stephen Katz. April 2020. Learn more about the podcast episode here.
Read MoreCOVID-19: Documenting Extra Work, Delay, and Impacts on Continuing Construction Projects (Recording)
Published Date:
April 16, 2020
COVID-19: Documenting Extra Work, Delay, and Impacts on Continuing Construction Projects. April 16, 2020.
Read MoreOSHA: How to React to a Sick Construction Worker Who Is Presumed or Confirmed to Be Infected With COVID-19
Published Date:
April 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 MoreCOVID-19 Forum: A Series on Managing Risk In Unprecedented Times – Episode 3 (Recording)
Published Date:
April 9, 2020
COVID-19 Forum: A Series on Managing Risk In Unprecedented Times – Episode 3. April 9, 2020.
Read MoreCOVID-19 and Construction Stormwater Discharge Permits
Published Date:
April 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 MoreCOVID-19 Forum: A Series on Managing Risk In Unprecedented Times – Episode 2 (Recording)
Published Date:
April 2, 2020
COVID-19 Forum: A Series on Managing Risk In Unprecedented Times – Episode 2. April 2, 2020.
Read MoreHow to Manage and Mitigate Subcontractor Default Risks During the COVID-19 Crisis (Presentation Slides and Recording)
Published Date:
April 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 MoreWhat Should Companies Do If They Cannot Meet Environmental Obligations in the Wake of COVID-19?
Everyone 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 MoreHow to Manage the Impact of COVID-19 on the Construction Industry (Recording)
Published Date:
March 31, 2020
How to Manage the Impact of COVID-19 on the Construction Industry. Presentation in conjunction with Anchin on March 31, 2020.
Read MoreCOVID-19 Employer Guidance: Expanded Leave Under Federal, NJ, NY/NYC Laws and Layoffs (Presentation Slides)
Published Date:
March 30, 2020
COVID-19 Employer Guidance: Expanded Leave Under Federal, NJ, NY/NYC Laws and Layoffs. Presentation date March 30, 2020 (Presentation Slides)
Read MoreThe COVID-19 Crisis Impacts LLCs and Partnerships
We 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 MoreCOVID-19 Forum: A Series on Managing Risk In Unprecedented Times – Episode 1 (Recording)
Published Date:
March 26, 2020
COVID-19 Forum: A Series on Managing Risk In Unprecedented Times – Episode 1. March 26, 2020.
Read MoreCOVID-19 Employer Guidance: Workplace Safety – OSHA, CDC, and Virus Testing (Presentation Slides)
Published Date:
March 30, 2020
COVID-19 Employer Guidance: Workplace Safety – OSHA, CDC, and Virus Testing. Presentation date March 26, 2020 (Presentation Slides)
Read MoreWarren Friedman Published in Daily Business Review/Law.com
Published Date:
March 27, 2020
Warren Friedman‘s article, “Here’s Some Guidance for Construction Contractors About Mitigating Coronavirus Risks,” was published in the Daily Business Review/Law.com on March 27, 2020. As work on some construction projects in South Florida has been suspended, it is likely more suspensions will follow. Friedman discusses what contractors can do to avoid losses due to the […]
Read MoreGary Stein Quoted as Source in Daily Business Review/Law.com Article
Published Date:
March 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 10 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
Other Resources
TASK FORCE MEMBERS
-
George C. Baldwin Co-Managing Partner -
Levi W. Barrett Chair - Contracts, Project Documentation and Risk Management -
Gregory R. Begg Co-Chair - Labor and Employment Practice -
Jerry P. Brodsky Director - Latin American Practice -
Daniel E. Budorick Senior Counsel -
Steven M. Charney Chairman -
Gregory H. Chertoff Co-Managing Partner -
Nathan A. Cohen Chair, Public-Private Partnerships
Related Practice Areas
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