April 1, 2020

Construction Alert: Gov. Baker Clarifies Massachusetts Construction Requirements and Possible Future Impacts for New Hampshire

The state of construction in Massachusetts continues to evolve as Governor Baker issued another order yesterday tightening the list of types of construction that are allowed to proceed as "essential services." Under the new list, only housing, mixed used projects with housing, and public infrastructure is permitted. Service work performed by plumbers, electricians and HVAC technicians is also allowed. This new list went into effect today, April 1 at noon.

These rules could make their way to New Hampshire in the near futureNew Hampshire has not adopted these tighter guidelines, however, Governor Sununu's original order is largely consistent with Governor Baker's original order, so it would not be a surprise if New Hampshire eventually gets to this point. With that in mind, you'll want to keep detailed records of costs, expenses, and the status of your work. Contractors should make sure to take pictures and closely document all work and be mindful of the commitments and instructions to subcontractors in case a shutdown should occur.

Firm Highlights

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Contractor's Guide to Mitigating COVID-19 Risks in the AIA A201-2017 General Conditions

The COVID-19 pandemic has presented new risks and challenges that will affect construction projects for years to come. This business level summary provides specific recommended edits that contractors and construction managers should consider when using...

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Preti Flaherty COVID-19 Resources

In response to the ongoing COVID-19 pandemic, Preti Flaherty's attorneys have maintained a constant stream of the most up-to-date information and resources for our clients, business partners, and others struggling to navigate these complex...

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Avoid the Pain Points in Trump Tariffs

New tariffs on imported materials such as steel, aluminum, solar panels, lumber and plywood have caused suppliers to increase their prices to contractors, boosting the overall cost of construction. Industry experts expect more tariffs...

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ConsensusDocs vs. AIA - Which Contract Is Best for Contractors?

Choosing the right contract is essential to protecting your rights as a contractor. AIA Contracts have long been the industry standard, but Consensus Docs are fast becoming a reasonable option. In this article, Nathan...

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The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

Having an end date for risk is important to construction professionals who need to know when they can close their books and destroy files relating to old projects. In this article for  Construction Executive...

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Litigation and Arbitration Venue Provisions in Construction Contracts: When and How They Work

Venue and choice-of-law provisions are fairly standard in construction contacts, but can be overlooked due to their location within a contract. When drafted effectively, these provisions can help limit uncertainty about where and how...

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COVID-19 and Contractual Non-Performance

Managing Risk on Existing Projects In contractual relationships extreme events may occur through no fault of the impacted party, temporarily inhibiting or completely preventing performance. During this pandemic, the inability of businesses to provide...

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NH Gov. Sununu Issues Stay-At-Home Order - Construction Considered Essential Industry

Yesterday, in response to the COVID-19 outbreak, New Hampshire Governor Chris Sununu issued an emergency order shuttering all non-essential businesses in the state effective today. This morning, the governor's office released a list of...

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Understanding the Contractor’s Consent: The Hidden Dangers in a Common Form

At the start of a commercial construction project, lenders frequently request the "Contractor's Consent to Assignment" or "Contractor's Consent" forms from contractors. These contracts allow the bank to assume ownership of the project in...

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Lien Waivers: Understanding the Risks in a Common Form

Lien waivers assure owners that once payment has been made to a contractor, or subcontractor, that contractor cannot obtain a mechanics' lien for that money at a later time. In this article for  Construction Executive , Kenneth...