On June 10, I will be co-chairing and my colleague Colm Nelson will be a panelist during the annual mid-year WSBA Construction Law Section CLE. This program is a full-day webinar presented by the WSBA in partnership with Stoel Rives and will cover construction law updates, public works issues, and judicial perspectives on litigation in
Looking Back — and Ahead — After Two Years of a Pandemic
In my column for the Daily Journal of Commerce from two years ago, I wrote that proceeding with ongoing or planned construction was not without impact or risk tied to COVID-19, and I provided a checklist for owners, designers and contractors to help them decide whether to continue a project or start a new one
Ideas to Help Contractors Build Better Projects in the Year Ahead
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
Webinar: Navigating a Financially Troubled Project During Uncertain Times
On June 11, I will be co-chairing and my colleague Colm Nelson will be a panelist for “Navigating a Financially Troubled Project During Uncertain Times,” a full-day webinar presented by the WSBA Construction Law Section in partnership with Stoel Rives. Colm will be on a panel that will cover claims and claim defenses related to
Pandemic Creates Cause to Rethink Overlooked Contract Provisions
The construction industry has proved adaptable over the course of the pandemic — owners and general and trade contractors have worked closely to ensure that work continued, while keeping workers safe and complying with the various government-ordered and -recommended practices intended to slow the spread of COVID-19. By now, most owners and contractors are well
Three Tips for Owners and Contractors to Improve Their Odds of Success in 2021
While all of us begin 2021 still confronting the challenge of COVID-19, construction project owners face particular pandemic-related issues in their industry, including the need to maintain strict best practices for projects and manage scheduling and labor challenges for existing and new projects. In my latest article for the Daily Journal of Commerce, I
OR-OSHA Publishes Model Infection Control Policy Required by New COVID- 19 Rules
On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. Our alert about the new rules is available here.
Among other requirements, the new rules require employers to adopt a COVID-19 Infection Notification policy for notifying exposed and affected employees of
As COVID Continues to Cripple Businesses, New Safety Technologies Emerge
The economic ruin caused by COVID-19 is out of control. According to the U.S. Bureau of Labor Statistics’ report dated August 7, 2020, unemployment is at approximately 10.2%. However, the economic impact of COVID-19 does not stop at America’s unemployment rates.
In August 2020, the Centers for Disease Control and Prevention issued an Order that
COVID-19 Alert – Governor Jay Inslee Extends Stay at Home, Stay Healthy Proclamation Through May 4, 2020 and Delays Implementation of New State Building Code
On March 23, 2020, Governor Jay Inslee issued the Stay Home, Stay Healthy Proclamation (20‑25) in response to the COVID-19 pandemic. Originally, the Proclamation was to be in effect through April 8, 2020. Despite Washington’s aggressive efforts to flatten the curve, on April 2, 2020, Governor Inslee announced his decision to extend the Proclamation through
COVID-19 Update: Washington Governor Issues Construction Guidance Memorandum
On March 25, 2020, Washington Governor Jay Inslee issued a memorandum that provided members of the construction industry with additional guidance regarding the Stay Home, Stay Healthy Proclamation (20-25) issued on March 23, 2020 in response to the COVID-19 pandemic. The Proclamation raised a number of questions in the industry, including whether all residential construction was deemed an essential service. The Proclamation seemed to indicate in a parenthetical that “housing construction” was permitted but then went on to limit “residential construction” to “emergency repairs and projects that ensure structural integrity.” Because of the resulting confusion, some residential projects began shutting down, while many did not, with the trades on those projects expecting to continue with work.
Yesterday’s memorandum confirms that there is no blanket treatment of residential construction under the Proclamation, and not all residential construction is an essential service. Just as with commercial construction, for a residential construction project to proceed, it must fit into one or more of the following:
- Construction related to essential activities as described in the order;
- To further a public purpose related to a public entity or governmental function or facility, including but not limited to publicly financed low-income housing; or
- To prevent spoliation and avoid damage or unsafe conditions, and address emergency repairs at both non-essential businesses and residential structures.