Since the dawn of the historic COVID-19 relief packages, which have doled out approximately $2.6 trillion to date (with more to be spent), the federal government has made no secret of the fact that it intends to ferret out and prosecute any wrongdoing involving those funds. In addition to misappropriation of relief funds, the government has also gone after those attempting to capitalize on the COVID-19 pandemic by defrauding consumers and the government alike. A number of violators have already been uncovered and prosecuted. And the government continues to ramp up its efforts and stay true to its word.
Continue Reading More Enforcement is on the Way: The COVID-19 Fraud Enforcement Task Force
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David Blake Authors “COVID-19 Language for New Construction Contracts” Article for GlobeSt.com
Seyfarth partner David Blake authored “COVID-19 Language for New Construction Contracts,” published by GlobeSt.com on August 24, 2020. In the article, David addresses custom COVID-19 language for new construction contracts. The article is based on two construction contracts for which David successfully drafted and negotiated custom COVID-19 language. One is a private project…
Money for Nothing—Except Potential False Claims Act Liability
CARES Act
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act (P.L. 116-136) was passed by Congress and signed into law by President Trump on March 27, 2020. The CARES Act provides over $2 trillion of economic relief in order to protect the American people from the public health and economic impacts of COVID-19. Throughout its more than 300 pages, the CARES Act implements many initiatives targeted at various industries and economic sectors that are designed to stimulate cash flow and provide security for those at-risk.
Continue Reading Money for Nothing—Except Potential False Claims Act Liability
James Newland, AIA and Dr. Andrew McCoy to Host Lunch and Learn Webinar: “Construction Risk Management, Changes, Delays, Inefficiency, and Claims” Sponsored by Virginia Tech
On August 26, 2020, James Newland, AIA, partner in Seyfarth’s Construction group, along with Andrew McCoy, Ph.D., Professor and Associate Director of the Myers-Lawson School of Construction at Virginia Tech, will present the a free Lunch and Learn program: Construction Risk Management, Changes, Delays, Inefficiency, and Claims.
The program is free of charge and…
A201 Playbook for COVID-19: Avoiding Pitfalls and Mitigating Risk on Construction Projects
The 2019 novel coronavirus and the disease it causes (“COVID-19”) is changing the landscape of construction projects across the country. COVID-19 orders from governors and other public officials are impacting projects by requiring new health initiatives, such as social distancing and the use of personal protective equipment, requiring residents to stay at home and self-quarantine…
James Newland, Esq., AIA is a panelist on the Airport Construction Strategy Summit presently jointly by AGC, ACI-NA, and ACC via Webinar on April 14
To help airport owners, design and engineering professionals, and the contractor community, ACI-NA, ACC, and AGC have teamed up to transform our Airport Construction Strategy Summit into a webinar series that is taking place April 14, April 28, May 12, and May 26. The COVID-19 pandemic has impacted a range of critical elements of project…
Temporary Impracticality or Frustration of Construction Contracts During the COVID-19 Pandemic
Owners and contractors trying to understand the full impact of COVID-19 on their projects are likely turning to delay[1] or force majeure provisions in their construction contracts to assess their rights or liabilities for continued performance. An event of force majeure is a circumstance that prevents someone from fulfilling a contract, and many articles recently have been written addressing the contours of typical force majeure clauses.
Continue Reading Temporary Impracticality or Frustration of Construction Contracts During the COVID-19 Pandemic
Upcoming Webinar! COVID-19’s Impact on Public and Private Construction Projects: Best Practices Regarding Claims, Delays and Price Adjustments
This webinar provides a practical review of the impacts of COVID-19 on public and private construction contracts. Coverage includes the clauses covering delay, impact, acceleration, suspension of the work, changes and termination, whether express or constructive. The program focuses on the practical aspects of how best to manage the current situation, notice requirements, documenting claims,…
COVID-19’s Impact on the Government Construction Contractor’s Performance: Recognizing and Implementing the Appropriate Claims and Defenses
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The impact of COVID-19, the ensuing delays and changes in the work, protecting the contractor’s cash flow, and avoiding a default termination are now top of mind for every construction contractor. This article reviews delay principles, changes in the work, default and convenience terminations, illness of key personnel, stop work orders, and other considerations related to claims and defenses arising from COVID-19. Contractors must be alert to the practical aspects of entitlement and recovery under the clauses that come into play.
Continue Reading COVID-19’s Impact on the Government Construction Contractor’s Performance: Recognizing and Implementing the Appropriate Claims and Defenses
James Newland to Present Federal Publications Seminars Webinar on the COVID-19 Impacts on Construction Contracts
On Wednesday, March 25, James Newland is presenting COVID-19 and Your Construction Project—Delay, Suspension and Changes Claims, a Federal Publications Seminars webinar.
The program will provide a thorough review of the potential impacts of COVID-19 on construction contracts with the federal government and private owners. Coverage includes the clauses covering delay, impact, acceleration, suspension…