Insight | Construction Law Authority

Webinar: Force Majeure in the Age of COVID-19

April 24, 2020

Hurricanes, floods, and other natural disasters are commonly found in force majeure clauses, however, global pandemics are often left out. Join us for a live, in-depth discussion on this topic Thursday, April 23, from 11:00 a.m. to 12:00 p.m. Becker attorneys will examine force majeure from a broad perspective, discussing how the clause affects players in the real estate, community association, and construction industries, as well as what it takes to employ force majeure as a defense to a contract claim....

Webinar: Construction, Contractors and COVID-19 Webinar

April 24, 2020

Lee Weintraub

Insight

Join us for a candid discussion on the impact of COVID-19 on construction projects throughout Florida and, on a broader scale nationally. Speakers share insight from differing industry perspectives including from the viewpoint of an attorney, contractor, and insurance professional....

Becker’s Construction Practice Receives Top Band 1 Recognition in 2020 Chambers USA Guide

April 23, 2020

Lee Weintraub

Insight

April 23, 2020 – The 2020 edition of Chambers USA has once again recognized Becker with a top billing Band 1 ranking in its Florida Construction category. The esteemed guide has recognized Becker’s Construction Law & Litigation Practice every year since it began publishing its global law firm rankings....

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

April 13, 2020

Claramargaret H. Groover

Insight

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....