The Library

We recently wrote about COVID-19 related delays, and providing notice of such delays, here. When reviewing the delay clauses in your contracts, you need to pay attention for the delaying events that are excusable, as well as those that are compensable. The Executive Director and Senior Counsel for ConsensusDocs (Brian Perlberg, Esq.) recently pointed out that Section 6.3.1(j) of the “ConsensusDocs 200 Owner/Constructor Agreement with General Conditions” specifically allows for delays that are “reasonably due to epidemics.” See: https://www.consensusdocs.org/consensusdocs-addresses-coronavirus-delay-risk-explicitly-other-standard-documents-do-not/?utm_source=informz&utm_medium=email&utm_campaign=informz_email&_zs=ICd0d1&_zl=n51d6 Mr. Perlberg also pointed out that although the AIA documents, and other standard construction contract forms, do not expressly mention epidemics […]

Written by Todd A. Leeson and Kelsey Martin, Gentry Locke Attorneys March 25, 2020   Today (March 25, 2020) the Department of Labor Wage and Hour Division (WHD) released the Notice outlining employee rights under the Families First Coronavirus Response Act that covered employers are required to post.  WHD also published a helpful “Frequently Asked Questions” (FAQ) document regarding the required posting.  The Notice and FAQ can be found here (scroll down to Posters section). https://www.dol.gov/agencies/whd/pandemic The Notice must be posted on or before April 1, 2020, in a conspicuous place on the employer’s premises.  With many employees teleworking during […]

The following summary of the Department of Treasury’s initial guidance related to the  Paycheck Protection Program should be read in connection with the following: 4/13/2020 Update: The Treasury Department Clarifies Confusion Concerning PPP Eligibility for Small Businesses 4/3/2020 Update: Interim Final Rule Paycheck Protection Program 4/1/2020 Update: Paycheck Protection Program Update 3/27/2020: Paycheck Protection Program   Initial Guidance and Form Application published by Department of Treasury and the Small Business Administration Late on Tuesday, March 31, 2020, the Department of Treasury and the Small Business Administration issued initial guidance related to the Paycheck Protection Program. Included in this guidance is […]

In the short time since the World Health Organization’s naming of the COVID-19 virus and its declaration of the spread of the virus as a pandemic, the social and economic systems that Americans have come to know have experienced seismic changes. For the foreseeable future, those swift changes are and will continue to affect how financial institutions and other business entities that extend credit to their customers conduct their business. It is important that those changes are met with equally swift recognition by each financial institution and business entity of how the changes are affecting their business and with the […]

Virginia Governor Ralph Northam has continued to provide near daily updates on Virginia’s response to the coronavirus, with the latest action coming in a sweeping Executive Order on March 23 strictly curtailing retail activity. Executive Order #53, in addition to closing all K-12 public schools for the remainder of the year, bans all gatherings of more than 10 people, strictly limits restaurants and bars to carry-out or delivery only, closes a number of “non-essential” businesses, and places further restrictions on other retail establishments. The order is effective for the next 30 days, until April 23, 2020. But perhaps more importantly […]