Shortly after the onset of the COVID-19 pandemic in the US, many states, counties, and cities issued stay-at-home or shelter-in-place (collectively, SIP) orders to combat the spread of the virus. Please click here to review the early impacts of these sweeping orders.

In recent weeks, many authorities have issued executive orders to address rising COVID-19 cases as state and local businesses begin to reopen. This update focuses on these most recent orders and any impacts the orders could have on new and ongoing construction projects in Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas.

As with all the effects of COVID-19, the issuance, interpretation, and enforcement of these orders are fast-breaking and in constant flux.


Continue Reading Executive Orders to Address Rising COVID-19 Cases in the Construction Industry

Many states, counties, and cities have issued “stay-at-home” or “shelter-in-place” (collectively, SIP) orders to combat the spread of COVID-19. Below we are providing updates focusing on the impact these sweeping orders could have on new and ongoing construction projects in Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. As with all the effects of COVID-19, the issuance, interpretation, and enforcement of these orders are fast-breaking and in constant flux.

To view Jones Walker LLP’s construction team’s full summary on the impact of state and local “Stay-at-Home” or “Shelter-in-Place” orders on construction in AL, FL, GA, LA, MS, and TX, click here.


Continue Reading As of 4/9/2020: Continued Updates on the Impact of State and Local “Stay-at-Home” or “Shelter-in-Place” Orders on Construction in AL, FL, GA, LA, MS, and TX

With the many projects impacted by COVID-19, now is the time to pull out your contract (contractors and project owners alike) and consider how the contract’s delay, time extension, or force majeure clauses and other legal theories allocate this unusual risk. An extended and more detailed version of this Alert can be found by clicking here.

Force majeure clauses allocate risk of natural and unavoidable catastrophes that affect contract performance. Most standard US construction contracts (e.g., American Institute of Architects and ConsensusDocs) and federal and most state and local public construction contracts do not use the term force majeure, and instead provide relief for force majeure events in delay and time extension remedial clauses. Here we use the term force majeure to cover all such remedial clauses.


Continue Reading COVID-19’s Impact on Construction: Is There a Remedy? — Time Extension, Force Majeure, or More?

Many states, counties, and cities have issued SIP orders to combat the spread of COVID-19. We are providing updates focusing on the impact these sweeping orders could have on new and ongoing construction projects in Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. As with all the effects of COVID-19, the issuance, interpretation, and enforcement of

Many states, counties, and cities have issued “stay-at-home” or “shelter-in-place” (collectively, SIP) orders to combat the spread of COVID-19. Below we are providing updates focusing on the impact these sweeping orders could have on new and ongoing construction projects in Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. As with all the effects of COVID-19, the issuance, interpretation, and enforcement of these orders are fast-breaking and in constant flux.

To view Jones Walker LLP’s construction team’s full summary on the impact of state and local “Stay-at-Home” or “Shelter-in-Place” orders on construction in AL, FL, GA, LA, MS, and TX, click here.


Continue Reading As of 3/30/2020: Continued Updates on the Impact of State and Local “Stay-at-Home” or “Shelter-in-Place” Orders on Construction in AL, FL, GA, LA, MS, and TX

Over the past five days many states, counties, and cities issued “stay-at-home” or “shelter-in-place” (collectively, SIP) orders to combat the spread of COVID-19. Here, we focus on the impact these sweeping orders could have on new and ongoing construction projects in Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. As with all the effects of COVID-19, the issuance, interpretation, and enforcement of these orders are fast-breaking and in constant flux.

DHS Cybersecurity and Infrastructure Security Agency Guidelines

A threshold question to evaluate the impact of a SIP order on a construction project is whether your operations and workforce impact “essential” or “critical” infrastructure. Many states and localities are incorporating the Guidelines published by the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) to help identify “essential critical infrastructure workers” for exemption from SIP restrictions. These Guidelines are general and do not specifically address the construction industry. Nevertheless, the construction industry significantly impacts each of the sectors and industries specified in the Guidelines, and thus, a number of projects may likely fall within CISA’s definition of “critical infrastructure.”


Continue Reading Impact of State and Local “Stay-at-Home” or “Shelter-in-Place” Orders on Construction in AL, FL, GA, LA, MS, and TX