Archives: Construction Industry

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Balancing New Technology and Privacy When Using Drones in Land Use and Construction

The mixture of sheltering-in-place, warm weather, and increasing drone usage creates a combustible situation – literally. Drone shootings are on the rise as property owners seek to combat perceived trespass, nuisance and invasions of privacy. These were some of the legal issues discussed during a webinar presented by the American Bar Association’s Section on Real … Continue Reading

New York’s Multi-Faceted Approach to Reopening “Non-Essential” Construction

COVID-19’s impact in New York has been particularly region-specific. To address the disparity, Governor Cuomo created a four-phase reopening plan to be implemented where geographic regions meet their required “health metrics”. Each phase correlates with a group of industries in which their non-essential businesses may permit the return of their in-person workforce – under certain … Continue Reading

An Eye in the City Sky

Why it might be time to reconsider permitting the use of drones for development & construction in dense urban areas   Excerpt of a contributed article published in Construction Business Owner magazine on May 19, 2020. COVID-19’s severe impact on some major metropolitan areas has been attributed to their density, infrastructure and inherent difficulty with … Continue Reading

Boston Issues New COVID-19 Guidelines Applicable to All City-Permitted Projects

In an effort to prepare to restart construction on suspended projects after imposing pandemic-related restrictions on construction deemed nonessential, the City of Boston recently issued its revised “Temporary Guidance for Construction in the City of Boston” which took effect on April 27, 2020. Last week, the City indicated that this new policy is effective for … Continue Reading

Time to Reconsider Permitting Use of Drones for Development and Construction in Dense Urban Areas?

COVID-19’s severe impact on some major metropolitan areas has been attributed to their density, infrastructure and inherent difficulty with “social distancing.” This same challenge with social distancing has led to either mandatory or pressured shutdowns of construction projects throughout many states and metropolitan areas. Meanwhile, and particularly during the shutdowns, building-safety mandates require that some … Continue Reading

Ongoing Impacts of the Coronavirus Pandemic on Construction Projects in Major Markets

As we began to describe on March 18, the economic impacts of the ongoing coronavirus/COVID-19 pandemic on the construction industry are becoming more severe as the pandemic continues on and spreads. Substantial uncertainty remains, however – as of the date of this post, the “peak” of the pandemic in New York, Connecticut, and Massachusetts is … Continue Reading

New York Clarifies “Emergency” and “Essential” Construction

Following Governor Cuomo’s order and the Empire State Development (ESD) guidance on March 27, 2020, which provided that all “non-essential construction” except “emergency construction” must shut down, this week the Commissioner of the New York City Department of Buildings issued clarification about the terms “emergency” and “essential” construction (the “Bulletin”).… Continue Reading

New York Construction Building Owners Assume New Roles and Responsibilities in Wake of Construction Shutdowns

With many New York City construction projects deemed non-essential, owners find themselves with partially completed work coupled with legal obligations to maintain the safety of the property. The temporary shutdown shifts responsibilities (and liability) for maintaining the safety of the property and the public to the owner. From maintaining permits to weekly inspections and weather … Continue Reading

Much of New York Construction is Now Also “on PAUSE”

Although Governor Cuomo put “New York State on PAUSE” a week ago, at that time, “construction” was not specifically exempted from his Executive Order and the Empire State Development’s (ESD) guidance on what businesses were subject to the 100 percent workforce reduction. Yet, pursuant to a further directive from the Governor, on March 27, 2020, … Continue Reading

The Federal Reserve’s Powers to Pave the Way for Continued Development and Construction Through COVID-19

As the Coronavirus has encapsulated the world, government go-aheads to construction firms are welcome relief to the industry. Lenders’ collective reaction to the current economic concerns is another matter. Future financing is always imperative to ensure ongoing construction as well as new projects. Government responses are changing by the day, but the Federal Reserve (the … Continue Reading

Potential Impacts of the Coronavirus Pandemic on Construction Projects

As the coronavirus/COVID-19 pandemic continues to spread and the governmental and private sectors formulate their responses, it has become apparent that the associated economic impacts will be significant and affect all sectors of the economy, including construction. Robinson+Cole’s Construction Group has been monitoring these developments and is already seeing preliminary notices being sent out by … Continue Reading

NYC Amends Its Façade Inspection and Safety Program to Push Building Owners into Action

In the wake of the tragic death of architect Erica Tishman, who was killed by falling debris from a brick tower in midtown Manhattan in December 2019 , the New York Department of Buildings (DOB) amended its rules governing exterior wall inspections and repairs. The new rules went into effect on February 20, 2020. Known … Continue Reading

Who Will Bear the Risk and Cost for Coronavirus Construction Delays? A Contractual Analysis.

As the Coronavirus spreads across the globe, its impact continues to disrupt many industries, including construction.  Over the last twenty years, the construction industry in the United States has substantially increased its reliance on China as a supplier for all types of construction materials including electrical and lighting equipment, elevators and component parts, plumbing fittings … Continue Reading

Business Email Compromises Bilking U.S. Companies Out of $301M Per Month

The United States Treasury Department came out with a report last week that concludes that business email compromises (BEC) are costing U.S. companies more than $301 million per month. The report confirms that the two industries hit the hardest by these scams are manufacturing and construction. The report, issued by the Treasury Department’s Financial Crimes Enforcement … Continue Reading

Proposed Changes to EPA’s Stormwater Permit for Construction Sites

The Environmental Protection Agency (EPA) recently announced its intention to modify the 2017 National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Stormwater Discharges (2017 CGP). EPA implements the 2017 CGP in states and territories that have not yet received authorization to implement the NPDES Stormwater program. Primarily, this includes New Hampshire, Massachusetts, Puerto … Continue Reading

New York Requires Sexual Harassment Policies in Compliance with New Requirements to Be Distributed by Tuesday, October 9, 2018 (But Deadline Extended for Newly Mandated Training)

As we have written about previously, this past Spring the New York State Legislature and New York City Council adopted broad new requirements to combat workplace gender-based harassment. Adopted in April and May by the New York General Assembly and New York City Council, respectively, the sweeping sexual harassment laws represent a renewed and comprehensive … Continue Reading

California and Maryland Have Enacted Legislation Essentially Making The General Contractor the Guarantor for All Wages on the Project – Should Sureties Be Concerned?

It’s been said that as California goes, so goes the nation. If so, general contractors throughout the country may soon be taking on more responsibility for the unpaid wages of the workers on their construction projects than they might have expected. As of January 1, 2018, Assembly Bill 1701 makes general contractors liable for the … Continue Reading

Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay tuned.

For years, general contractors and trade contractors have faced very strict “no damages for delay” clauses on New York State construction projects. The tides are changing.  If signed into law, S. R. 06686, Reg. Sess. 2017-2018 (NY 2017) will require public entities to allow contractors, subcontractors and suppliers to recover for costs associated with project … Continue Reading

Summary of the Second Construction Industry Roundtable Discussion

Building upon the success of last year’s event, on May 31, 2018 Robinson+Cole’s Construction Group led the Second Construction Industry Roundtable Discussion at its Hartford office. With a variety of representatives from major Connecticut construction industry organizations and other industry stakeholders in attendance, the participants discussed issues affecting the construction industry in 2018 and beyond. … Continue Reading

Out with the Old and in with the New: What Technological Trends Can the Construction Industry Expect in 2018?

As we embark upon 2018 we find ourselves not only reflecting on past accomplishments but also looking to  future goals for the upcoming year. Construction is a fast moving and ever changing industry which requires a real commitment to keep apprised of the latest trends and developments. So what can we expect in 2018? Although … Continue Reading

New York Paid Family Leave Obligations for Construction Employers

Effective January 1, 2018, employees of construction employers (supplies, architects, contractors, and others) working in New York State may be eligible for paid family leave. The NY Paid Family Leave Law (“PFLL”) is both broader than and more narrow than the federal Family and Medical Leave Act. The PFLL applies to all employees employed by private employers in the … Continue Reading

Robinson+Cole Hosts Industry Leaders Roundtable Discussion

On August 30, 2017 Robinson+Cole’s Construction Practice Group held its annual Retreat at the newly completed Dunkin’ Donuts Park in Hartford. The Retreat featured an Industry Leaders Roundtable discussion session with representatives from many  of the major Connecticut construction industry organizations. The discussion was moderated by Construction Group Chair Greg Faulkner and led to a … Continue Reading
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