The year 2021 was an interesting and unsettled one in the construction industry — bids and projects grew in numbers in some market sectors and regions yet slowed or halted in others. An aftereffect of this activity was a variety of claims and disputes, which, coupled with the ongoing pandemic and increasing market uncertainty, particularly
Liability Laws Still Require Contractors to Follow Safety Guidelines
About a year ago, I wrote a column for the Daily Journal of Commerce about effective COVID-19 safety policies and what contractors can do to maximize job site safety to comply with developing Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) COVID-19 safety standards and guidelines. In the interim,
New Oregon Law Complicates Retainage on Construction Projects
If you do not follow the Oregon legislature closely, you may have missed a new law, which went into effect January 1, 2020, that impacts the treatment of retainage on private and public construction projects over $500,000.
For private and public construction contracts entered into on or after January 1, 2020 that include a contract
Latest OSHA COVID-19 Safety Tips for the Construction Industry & Guidance on Drafting a COVID-19 Policy and Administering the Job Site to Minimize the Hazard
OSHA’s General Duty Clause requires an employer to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. In the current pandemic, COVID-19 qualifies and contractors should draft a COVID-19 policy for their worksites implementing the latest guidance in order to minimize the hazard and protect employees.
In addition to OSHA’s COVID-19 standards, on April 21, 2020, OSHA published a list of tips that can help reduce the risk of exposure to COVID-19 in the construction industry. Some of those tips include:
- Allowing workers to wear masks over their noses and mouths to prevent them from spreading the virus.
- Training workers on how to properly wear and use protective clothing and equipment.
- Keeping in-person meetings (including toolbox talks and safety meetings) as short as possible and limiting the number of workers in attendance.
- Encouraging workers to stay home if they are sick.
- Maintaining physical distance (at least six feet when possible) on the job site and inside work trailers.
- Encouraging frequent handwashing or sanitizing.
Construction Work Under COVID-19 Orders in Utah
Unlike many of its neighboring states, Utah currently has no statewide “stay home” or “shelter in place” order. However, in response to COVID-19, Governor Gary Herbert has issued a “Stay Safe, Stay Home” directive on March 27, 2020. This is not a shelter in place order. It is a directive that tells individuals and businesses
Jane (or John) Hancock 2.0: Utilizing E-Signatures in the Construction Industry
In our increasingly electronic age, parties signing a construction contract, invoice, change order or other documents are as likely to do so by clicking on an “I agree” checkbox or inserting a digital signature, or e-signature, as they are to put pen to paper. In my first article for the Daily Journal of Commerce,