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COVID-19’s impact on construction projects is mixed and varies by state. Many states consider construction an “essential” service, following guidance from the federal Department of Homeland Security, which issued a non-binding list of 16 “critical infrastructure sectors.” Other states and some local municipalities take a narrower view, requiring virtually all construction to cease. In all cases, there may be evolving developments that may further define or change the restrictions and permitted exceptions.

In this Alert, we review the following actions to address and mitigate the project impacts:

  • Action #1: Identify and Assess Relevant Local and State Restrictions on Construction Activities
  • Action #2: Identify and Assess Relevant Contractual Provisions
  • Action #3: Communicate and Work with the Contractor to Identify, Assess, and Mitigate Project Impacts
  • Action #4: Consider Contract Notice Requirements and Respond to Notices from the Contractor
  • Action #5: Consider Project Suspension and Termination Options
  • Action #6: Consider Contractor Claims for Time Extensions and Delay Damages

Read the full GT Alert here.

 

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Photo of Steven C. Russo Steven C. Russo

Steven C. Russo chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, environmental permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, toxic tort litigation, environmental crimes, Brownfields redevelopment, government, energy and

Steven C. Russo chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, environmental permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, toxic tort litigation, environmental crimes, Brownfields redevelopment, government, energy and the environmental aspects of land use and real estate law. Steven is equally experienced litigating in federal and state courts, as well as counseling his clients with regard to environmental liability risk and due diligence, permitting, Brownfields, and impact assessment and review. He also practices election and campaign finance law.

Prior to joining the firm, Steven was the Chief Legal Officer of the New York State Department of Environmental Conservation. There, he supervised approximately 90 attorneys in Albany, as well as the agency’s nine regional offices. He also supervised the agency’s legislative affairs department and Office of Environmental Justice. At the agency, Steven initiated a reform of the state’s environmental review regulations and assessment forms, completed the issuance of new power plant siting regulations pertaining to environmental justice and carbon emissions and revised the agency’s environmental audit policy.

Steven also serves as election law counsel to a number of New York State and federal campaigns and political parties.

Photo of Zackary D. Knaub Zackary D. Knaub

Zackary D. Knaub brings deep New York government experience to his Environmental and Government Law & Policy practices. Prior to joining Greenberg Traurig, Zackary served as Interim Chief Counsel and First Assistant Counsel to Governor Andrew M. Cuomo, and before that, as Assistant…

Zackary D. Knaub brings deep New York government experience to his Environmental and Government Law & Policy practices. Prior to joining Greenberg Traurig, Zackary served as Interim Chief Counsel and First Assistant Counsel to Governor Andrew M. Cuomo, and before that, as Assistant Counsel to the Governor for Energy and the Environment. In these roles, Zackary advised Governor Cuomo and his administration on all legal issues related to executive actions, policies, and legislative initiatives. He coordinated the legal affairs and operations of over 100 State Executive Agencies, State Authorities, Public Benefit Corporations, and boards, and oversaw the day-to-day operations of the Office of the Governor’s Counsel. Zackary managed the development and negotiation of major legislation and gubernatorial initiatives. He supervised negotiations of all legislation in the Governor’s annual $175 Billion state budget and managed outside counsel in litigation. His public relations experience includes advising press and operations staff on crisis management strategies and public messaging of complex legal and policy initiatives.

Zackary has also defended and prosecuted environmental and commercial cases in state and federal courts, and before administrative tribunals, arbitration panels, and mediators for a wide range of businesses in areas of law including federal and state environmental laws, intellectual property, Federal Acquisitions Regulations, employment law and policy, insurance coverage, and environmental risk management.

Photo of John L. Mascialino John L. Mascialino

John L. Mascialino heads the firm’s New York Government Law & Policy Practice. He focuses his practice on administrative law, government affairs, government contracts, government investigations, and government-related real estate matters. John counsels private and publicly owned companies and not-for-profit organizations on state…

John L. Mascialino heads the firm’s New York Government Law & Policy Practice. He focuses his practice on administrative law, government affairs, government contracts, government investigations, and government-related real estate matters. John counsels private and publicly owned companies and not-for-profit organizations on state and local regulatory, legal, and policy matters with a focus on the clients’ strategic objectives and provides advice on matters that will enhance their business opportunities in the city and state of New York.

John advises on all aspects of the government contracting process including but not limited to: competitive bids and RFP responses and compliance, bid and RFP protests and administrative challenges, contract negotiation, vendor responsibility and integrity issues, as well as government litigation.