The AGC has been presenting an excellent webinar series for members, covering everything from new legislation designed to protect employees, to insurance coverage questions arising out of the coronavirus pandemic, to how to physically protect your employees who are attempting to work while practicing "social distancing." If you are an AGC member, you should sign up. If you are not a member, now is a good time to become a member.
I am going to try to post and keep updating these posts on construction issues relating to the outbreak and its fallout. Rather than reinvent the wheel, I will try to provide links where possible relating to topics people are asking about, including the following:
1. Existing Contracts Being Suspended Until Further Notice
Almost all legal blogs addressing the legal impact of coronavirus on existing projects, recommend the following courses of action: (1) read the contract and find the relevant provisions (termination, suspension, delay, changes, force majeure), (2) ensure compliance with notice provisions in the contract; and (3) be proactive about mitigating damages, seeking relief from all sources, and working to keep your business afloat and your workers safe.
https://www.duanemorris.com/alerts/coronavirus_construction_contracts_0320.html
https://www.jdsupra.com/legalnews/coronavirus-and-force-majeure-can-we-90661/
2. Existing Contracts Not Being Suspended, but Being Delayed/Affected
https://www.pecklaw.com/client_alerts/coronavirus-covid-19-guidance-for-contractors/
3. Existing Contracts Being Terminated Due to Coronavirus
4. Contracts Being Negotiated Right Now
5. County vs. State vs. Federal Rules on when you can/must Stay at home
6. Employment Issues
https://clsbluesky.law.columbia.edu/2020/03/13/coronavirus-paul-weiss-discusses-employment-law-and-guidance-for-employers/
7. Insurance: is any of this covered by insurance?
Contractors or owners seeking to demand coverage for coronavirus related losses may be interested in following the case cited by my partner, Tred Eyerly, who discusses what appears to be the first insurance claim brought to recover losses incurred as a result of the coronavirus outbreak.
https://www.insurancelawhawaii.com/insurance_law_hawaii/2020/03/first-suit-filed-for-losses-caused-by-covid-19.html
8. New Legislation: can I get help for my business
The Senate passed the two trillion dollar aid package last night, and as its contents become more clear, we will pass it along.
9. Hawaii-specific questions
-- what cases do we have on force majeure
-- what agencies are affected and how, for ongoing matters that need to be addressed
(bidding, bid protests, administrative hearings, contractors license board meetings, building permits)
