Archives: Construction Industry

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SolarWinds Cyber-Attack Has Significant Implications for Developers and Contractors

ICYMI, on Wednesday, January 6, 2021, the United States Department of Justice (DOJ) issued an update about what it termed “a major incident under the Federal Information Security Modernization Act”: the global SolarWinds cyberattack that had compromised its email system. (SolarWinds is a software provider. In December, 2020, SolarWinds revealed that cybercriminals had injected malware … Continue Reading

DBE Gross Receipts Cap Adjusted for Inflation

In December 2020, the United States Department of Transportation (DOT) amended the small business size limit under the Disadvantaged Business Enterprise (DBE) program (section 1101(b) of the Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94, Dec. 4, 2015).  The rule, which goes into effect on January 13, 2021, increases the DBE gross receipts cap … Continue Reading

Seven Legal Considerations for Constructing Healthcare Facilities

Below is an excerpt of an article published in Healthcare Facilities Today on January 11, 2021. “The current health crisis has healthcare institutions altering their approach to facility design and construction. Equity investors and contractors are also ready to familiarize themselves with healthcare construction. While opportunities abound, certain legal considerations are of paramount importance for … Continue Reading

The Massachusetts Prompt Pay Statute: A Cautionary Tale for Those Who Don’t Read the Fine Print

In a recent decision likely to have a significant impact upon the way private construction projects in Massachusetts are managed, the Superior Court recently construed the Massachusetts Prompt Pay Statute in the way the Statute (Statute) was meant to be enforced, but contrary to most current construction practice. In Tocci Building Corp. v. IRIV Partners, … Continue Reading

Robinson+Cole Commits to AGC’s Culture of Care in Support of Construction Industry

Robinson+Cole has committed to the Culture of CARE, an initiative created in partnership between the Associated General Contractors of America (AGC) and the AGC of Washington to advance the construction industry as the industry of choice for diverse and talented workers by building inclusive work environments in construction firms nationwide. “At Robinson+Cole we have long … Continue Reading

COVID-izing Your Construction Contract

Below in an excerpt from an article published in Construction Executive on December 8, 2020.  The global COVID-19 pandemic has changed the world forever, disrupting many industries, as well as creating unprecedented challenges that threaten many businesses. The construction industry is no different. Projects throughout the country have been adversely affected by unplanned work stoppages, delays, disruptions … Continue Reading

How to Alter Operations When Remote Work Isn’t An Option

Excerpt of a contributed article published in ISHN magazine on December 4, 2020. When state and local governments across the country began issuing stay-at-home advisories in response to the beginnings of the COVID-19 pandemic in the spring of 2020, many private employers directed their personnel to begin working from home to the extent possible in … Continue Reading

Study Findings Reinforce Need for Construction Industry to Stay Vigilant and Committed to COVID-19 Restrictions and Protecting Workers

This post was authored by Jonathan Schaefer, who is a member of Robinson+Cole’s Environmental, Energy + Telecommunications Group. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs. The results of a recently published study show that construction workers in Texas were … Continue Reading

Robinson+Cole Hosts Roundtable on Diversity & Inclusion

Robinson+Cole’s Construction Law Group hosted its first industry-wide, virtual roundtable on the topic of diversity and inclusion (“D&I”) on September 17, 2020. The program grew out of an earlier Roundtable conversation and focused specifically on strategies and techniques to promote diversity and inclusion in the construction industry. Recognized diversity & inclusion program leaders across the … Continue Reading

Guidance on Using Drones for Real Estate and Construction in Dense Cities: Getting Close – But Not Too Close (Part I)

The commercial use of drones, or small unmanned aerial systems (sUAS), for urban real estate and construction may finally be gaining traction. This month, the New York City Council passed a bill requiring the Department of Buildings (DOB) to study the feasibility of using sUAS to inspect building facades.… Continue Reading

Note to “Additional Insureds” Relying on Builders’ Risk Insurance: Federal Court Decision Evaluates Extent of Coverage

The United States District Court for the District of Massachusetts has provided construction project owners, developers, general contractors, sub-contractors, suppliers, and vendors with a helpful reminder about obtaining effective additional insurance coverage on construction projects. In Factory Mut. Ins. Co. v. Skanska United States Bldg., No. 18-cv-11700-DLC, 2020. U.S. Dist. LEXIS 95403, the District Court … Continue Reading

Governor Lamont Issues Executive Order Allowing Pandemic Workers Easier Access to Workers’ Compensation Benefits

On July 24th, Connecticut Governor Ned Lamont signed Executive Order No. 7JJJ, which creates a rebuttable presumption that all employees who worked on site and tested positive for COVID-19 during the first three months of the pandemic contracted the disease while on the job, giving employees a presumptive claim to workers’ compensation coverage. Connecticut follows … Continue Reading

Robinson+Cole Hosts Fourth Construction Industry Roundtable

Robinson+Cole’s Construction Group hosted its fourth— but first ever virtual — Construction Industry Roundtable on July 14, 2020. Representatives of major design and construction industry organizations and stakeholders in the Northeast were in attendance to discuss the state of the regional market and to look ahead for trends to watch for 2021.… Continue Reading

Robinson+Cole Among The Top 50 Construction Law Firms™

Robinson+Cole’s Construction Group has been ranked #35 in the second annual The Top 50 Construction Law Firms™ list published by Construction Executive magazine on June 19, 2020. “We are honored to receive this ranking and be listed among the top 50 firms in the country,” said Robinson+Cole Construction Group Chair Gregory R. Faulkner. “Being ranked … Continue Reading

New York Empire State Development Issues Guidance for Construction Staging Activities

In anticipation of reopening all construction activities statewide, on May 22, 2020, Governor Cuomo announced that construction staging activities would be allowed to commence before the Regions officially reopen. On May 31, 2020, the New York Empire State Development (“ESD”) updated its Guidance on Executive Order 202.6 (“NY Guidelines”) to provide specifications regarding construction staging. With … Continue Reading

Massachusetts Construction Litigation Scheduled to Get Back on Track

With the issuance of a revised order by the Massachusetts Supreme Judicial Court (SJC) dated May 26, 2020, construction litigation in Massachusetts is poised to re-start in earnest after July 1, 2020. As the SJC stated in its Order, “unless there is a new surge in COVID-19 cases in the Commonwealth,” the de facto pause … Continue Reading

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

Massachusetts Construction Projects May Reopen Immediately, Governor Announces; Boston to Follow May 25th

This post was published by High Profile magazine on May 27, 2020. Governor Charlie Baker announced today that all construction projects in Massachusetts may reopen immediately, provided contractors and owners comply with new safety guidelines and compliance documentation requirements. These new requirements include, but are not limited to, the following:… 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 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 expected … 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
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