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“COVID-19: Key Considerations for Privately Owned Construction Projects,” Practical Law

April 13, 2020

The evolving 2019 novel coronavirus disease (COVID-19) pandemic is creating uncertainty for privately owned construction projects. Concerns started with the potential impact to the construction supply chain when COVID-19 was first identified and started to spread in Asia. Now that it has reached the US shores, the myriad social distancing guidance and mandatory stay-at-home and closure orders issued by federal, state, and local governments reflect more immediate concerns for work health and safety. These orders have left owners, contractors, construction managers, subcontractors, and suppliers struggling to understand their potential risks in these uncertain times....

“A New Coronavirus Threat: Sidelined Subcontractors,” ConstructionDive

March 27, 2020

Steven Lesser

Insight

According to panelists in the Associated General Contractors of New York State webinar last week, it’s not just the coronavirus that poses a threat to the construction industry. Another factor impacting general contractors is a lack of available specialty contractors, which could be devastating to the industry....

“Construction Companies Lobby to Keep Working as Coronavirus Spreads, “ Wall Street Journal

March 27, 2020

Steven Lesser

Insight

As state and local governments shut down or grind to a halt with the spread of the coronavirus, the construction industry is pushing to keep projects up and running. The industry employs 7.6 million Americans, or 5% of the workforce....

“Expanding the Professional Liability of Architects and Engineers to Contractors,” ActionLine

March 24, 2020

Randy Dow

Insight

More than 45 years ago, the Florida Supreme Court established in A.R. Moyer v. Graham that an architect can be liable to a contractor who is impacted by the architect's negligence. A.R. Moyer established the potential for liability even without contractual privity between the architect and the contractor. Opinions that have directly applied A.R. Moyer to architects and engineers have closely examined the question of whether these professionals had final authority to terminate a contractor, shut down a project or withhold payment. Architects who merely made "recommendations" to owners did not have true supervisory authority and therefore often owned no duty to contractors. In the recent Singer opinion, the Fourth District Court of Appeal has arguably blurred the line between decisions and recommendations, thereby potentially expanding liability for architects and engineers. The reasoning of Singer suggests that architects and engineers who make recommendations to receptive owners that are relying on...

Force Majeure and Coronavirus

March 18, 2020

Steven Lesser

Insight

Force majeure law in the context of pandemics has never been fully explored in the context of construction contracts and disputes. In the wake of coronavirus and its impact on our economy, it is difficult to predict how a finder of fact would resolve claims for construction delays and disruption arising from manpower shortages, material delivery delays and escalating price increases caused by or resulting from the virus. In many instances, the resulting impact may be considered to be beyond the contractor's reasonable control. Certainly the Owner of a construction project may elect to suspend operations to protect its residents and occupants of existing facilities....

“6 Ways the Coronavirus Outbreak Will Affect Construction,” Construction Dive

March 13, 2020

Steven Lesser

Insight

When it comes to how U.S. contractors should react to the negative effects of the global coronavirus pandemic, Steve Lesser, chair of Becker’s construction law practice recommends a “wait and see” approach. Instead of rushing, Lesser suggests slowing down since the fallout from the effects of COVID-19 may be unpredictable....

Top Ten Mistakes Contractors Make When Growing Too Fast

February 28, 2020

Lee Weintraub

Insight

Lee Weintraub presented at the recent Marcum Summit, speaking about the top mistakes contractors make when they grow too fast. From disorganized accounting to technology capabilities, poor hiring, rushed project mobilization, and more, Lee highlighted how contractors can prevent common missteps from happening to them....

“Q&A Interview with Lee Weintraub,” ActionLine

January 15, 2020

Lee Weintraub

Insight

Q: Lee, how long have you been the chair of the Public-Private Partnership (P3) group at Becker?...

National Network Launched to Link Non-Profits and Charities with Volunteer Construction Lawyers

October 15, 2019

Steven Lesser

Insight

LAUDERDALE, FL, October 15, 2019 — As charitable organizations work to improve inadequate facilities or build new ones, legal bills may hold them back from their mission. Building for Good, Inc. (B4G), a national, web-based platform linking nonprofits and charities with skilled, volunteer construction lawyers, launched this month in Massachusetts, Florida, New Jersey, and Minnesota. B4G will help organizations in need of construction law assistance find qualified, local attorneys to provide pro bono construction law services....

“Spoliation of Evidence: A Trap for The Unwary in Age of Electronically Stored Information,” Proyecto Magazine

September 30, 2019

Jonathan Silver

Insight

As computer technology continuously progresses, together with the ability to store large amounts of data at a relatively low cost, this article explores the heightened obligations imposed by courts for businesses to retain documents for longer periods of time than traditionally required under spoliation of evidence law....