In these uncertain times, many are wondering how Governor Whitmer’s “Stay Home, Stay Safe” Executive Order 2020-21 will be enforced and by whom. The confusion and uncertainty among construction workers and other businesses about what projects are deemed “critical infrastructure,” what companies...
Legal Resources & News
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It’s Here! COVID-19 Relief for Small Businesses
Small businesses should be aware of the government backed relief programs available to them during the COVID-19 pandemic. Among the programs are Federal retention loans, debt relief and grants. The CARES Act (Senate approved on March 25, House approved on March 27) would provide more than $350...
Designation of Critical Infrastructure Workers Under the Governor’s COVID-19 Executive Order
As you no doubt know by now, Executive Order 2020-21 suspended “activities that are not necessary to sustain or protect life.” The Order directs that no person or entity shall operate a business or conduct operations that require workers to leave their homes or places of residence except to the...
Executive Order 2020-21 and Real Estate
Many of our clients have questions related to "critical infrastructure workers" categorizations under Executive Order 2020-21 (COVID-19). For real estate workers, they do not constitute “critical infrastructure workers” and thus may not leave their homes for work unless, under section 9(d) of the...
Federal Families First Coronavirus Response Act: What Employers Need to Know
On Wednesday, March 18, 2020, the U.S. Senate approved, and President Trump signed, the “Families First Coronavirus Response Act” (the “FFCRA” or “Act”) into law. The Act becomes effective within 15 days on April 2, 2020. The Act addresses and responds to growing health and economic concerns...
Recommendations for Navigating the Coronavirus (COVID-19) in the Construction Industry
As the impact of the coronavirus gathers steam, we are just beginning to feel the repercussions – imperiled labor force, supply chain disruption, project shutdowns, enormous financial disruption, unsettling uncertainty. All this may leave you asking – What should I do now? As my colleague Steve...
The Coronavirus and Construction Contract Performance Responsibilities
Read an update on how the Coronavirus affects construction contract performance responsibilities.
COVID-19 & Insurance Coverage for Business Interruption
Parties use insurance to transfer risks inherent in their business activities. As to potential insurance coverage for business interruption caused by COVID-19, the general outlook is unfavorable as most policies will exclude personal injury or property damage caused by a communicable disease.
Phase I Environmental Site Assessments in Commercial Real Estate
A Phase I Environmental Site Assessment, commonly referred to as an “ESA” or “Phase I,” researches current and historical uses of real estate as part of a commercial real estate transaction. A Phase I assesses whether previous real estate uses have impacted the soil or groundwater beneath real...
Construction Defect Coverage: the Michigan Supreme Court revisits the question of whether coverage exists for construction defects under standard commercial general liability policies
An important case for contractors and subcontractors has surfaced at the Michigan Supreme Court. Skanska USA Building, Inc. v. M.A.P. Mechanical Contractors, Inc. raises the question: is property damage coverage under a standard commercial general liability policy when the damage results from a...