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Rhode Island Removed From Massachusetts “Lower-Risk States” COVID Travel Exemption Effective August 7, 2020

Effective August 7, 2020, Massachusetts removed Rhode Island from one of its “Lower-Risk States” COVID Travel Exemption. This applies to Massachusetts recently imposed travel restrictions that commenced on August 1, 2020....more

Virtual Arbitrations/Trials — Should You Use An Expanded Witness Oath?

For arbitrations and trials that are pending and/or are scheduled for the near term, the judges/arbitrators/counsel/parties are now confronting the decision on whether to proceed forward with conducting the proceedings...more

Construction Shutdown is Lifted in Massachusetts

Non-essential private construction projects were suspended on March 31, 2020 in Massachusetts. That suspension had been in place for the construction industry until yesterday— May 18, 2020....more

Cloth Face Masks Required for Rhode Island Employees Through May 18, 2020

On April 14, 2020, Governor Raimondo issued the Twenty-First Supplemental Emergency Declaration — Requiring Cloth Face Masks At Work.  The Order is effective Saturday, April 18 and continues through May 18, 2020....more

Virtual Mediations Are Zooming Forward . . . Jump on Board

With most of the country on stay at home orders of some variety and court closings, parties to claims, litigation, and arbitrations are adapting quickly to virtual litigation activities that are customarily done in person. ...more

“Essential” and “Safe” Construction Services During COVID-19 Outbreak

Effective today (March 27, 2020) at midnight, New Hampshire joins various other states in closing non-essential businesses and ordering citizens to stay at home.  Governor Sununu issued Executive Order #17 on March 26, 2020....more

Project Suspended or Payment Delays? Don’t Lose Your Mechanic’s Lien Rights!

While many construction projects are advancing in a safe manner during the COVID-19 pandemic, some have been suspended by governmental order, like the Cities of Boston and Cambridge, or based upon the direction of the Owner...more

Mass Governor’s Legal Office’s Letter to Municipalities: Withdraw Conflicting City/Town Policies Suspending Essential Construction...

On March 25, 2020, the Massachusetts Governor’s Legal Office issued a letter to Municipal Chief Executive Officers in the Commonwealth that “provides guidance regarding the effect of the Governor’s March 23, 2020 Order...more

Signing a Construction Contract in the Middle of the Coronavirus Pandemic . . . Two Contract Clauses to Consider

There is rightfully a lot of buzz in the industry about force majeure clauses.  Authors are writing about how far and how much they protect contracting parties from unforeseen and uncontrollable events that cause delay....more

Construction Projects Suspended in Cambridge MA Until Further Notice

On March 18, 2020, the City of Cambridge announced a Temporary Emergency Construction Moratorium “Moratorium”) “on all construction activity on both public and private property until further notice”  The City explained that...more

Massachusetts Closes Non-Essential Businesses Effective March 24 — Construction Designated Essential

Effective March 24th at 12:00 noon, Massachusetts is closing all non-essential businesses “physical workplaces and facilities (“brick-and-mortar premises”) through April 7, 2020. ...more

Rhode Island Issues Work from Home Order “If You Can”

On March 22, 2020, Governor Raimondo issued the Seventh Supplemental Emergency Declaration that ordered “[a]ll business service personnel that can work from home are required to do so.”  The order was effective immediately...more

Current Guidance on Whether Construction Services Are “Essential” or “Life-Sustaining” Businesses Under Governmental Business...

State governments are issuing orders suspending the full or partial operations of “non-essential” or “non-life-sustaining” businesses. At the time of writing this post, these states include Nevada, Pennsylvania (Order of PA...more

Steps to Take if You Receive a Subcontractor’s COVID-19 Work Suspension Notice

There are increasing reports that some subcontractors have decided to suspend operations during the COVID-19 outbreak.  The subcontractors made this difficult decision even though the construction projects for which the...more

COVID-19: Summary of Rhode Island Executive Orders to Date

To date, Rhode Island’s Governor Gina Raimondo has issued five Executive Orders in response to the COVID-19 pandemic. These orders address some of the challenges facing businesses, local governments, and the provision of...more

Contractors: Its Time to Send Your COVID-19 Notice

The day-to-day professional and personal impact of the COVID-19 pandemic is substantial. The global event will have dozens of common legal implications that we will address in this blog over the coming days, but for now I...more

City of Boston’s Press Release on Suspending Construction in Boston Effective March 17th

Below is the City of Boston’s Press Release suspending all regular activity at construction sites in Boston as of today – March 17, 2020.  Sites need to be made safe by March 23, 2020.  Policy will be revisited in two weeks....more

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