On March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to address the COVID-19 emergency. Although the CARES Act is still subject to final approval by the House of Representatives and being signed
From the Ground Up
Your legal source for development news
From the Ground Up, published by Miller Nash Graham & Dunn LLP, covers legal issues relevant to the construction industry and related sectors. The blog addresses topics such as construction contracts, insurance coverage, liability exposure, regulatory developments, and workforce matters including vaccination policies. It also discusses broader industry trends like renewable energy projects impacting construction, including offshore wind development. The blog provides updates on legislative changes, court decisions, and practical guidance for construction professionals and stakeholders navigating legal challenges in their projects and operations.
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Most Construction Is Non-essential, According to Governor Inslee’s Latest Guidance
On Wednesday night, Governor Inslee issued specific guidance regarding construction projects in Washington. The guidance states that “commercial and residential construction is not authorized under the Proclamation because construction is not considered to be an essential activity.” But in general,…
COVID-19 and the Oregon Land Use Process
As with most things, COVID-19 has disrupted the land use permitting process in Oregon, causing questions and sometimes chaos for applicants and local governments who are in the middle of such processes. At this time, most local government offices in…
COVID-19: Delays and Force Majeure in Construction Contracts
COVID-19 now controls our day-to-day, but it may not control our existing contracts. To know the extent of its reach on construction projects, it’s important to touch on how delay is handled under contract law and specifically the role of…
Washington’s “Stay Home, Stay Healthy” Proclamation Lacks Guidance On Construction Projects
Yesterday at 5:30 pm, Governor Inslee issued his “Stay at Home, Stay Healthy” proclamation. The proclamation (much of which takes effect immediately, but which goes into full effect at 5:30 pm on Wednesday, March 25) requires generally that:
- Every Washingtonian
…
New Oregon “Stay in Place” Order Permits Construction Industry Work Under Distancing Policies
On Monday, March 23rd, Governor Kate Brown issued a new executive order for the state, further limiting personal interactions. It appears that construction industry businesses are not subject to the order so long as the business designates “an employee or…
Insurance Recovery for COVID-19 Losses
This was originally published on our blog, The Northwest Policyholder.
The economic fallout from COVID-19 has been swift and severe. Moratoriums, quarantines, and bans will continue to upend daily life and with this impose severe economic consequences on regional, national,…
Environmental Groups Push for New Rules Restricting Emissions From Indirect Sources
Environmental activist groups recently petitioned the Oregon Environmental Quality Commission (the “EQC”) to enact far-reaching rules that would regulate air emissions from so-called indirect sources in cities and metropolitan districts with populations of 50,000 or more. The petition identifies an…
Oregon Court: Common Commercial Property Insurance Suit-Limitation Clause is Ambiguous
Oregon federal Magistrate Judge Stacie Beckerman gave policyholders an early Christmas present on December 20, 2019, holding that the most commonly-used suit limitation clause in commercial property insurance is ambiguous, and that therefore the policyholder had two years from the…
Oregon Signs Statement of Intent to Accelerate Transition to Zero-Emission Medium- and Heavy-Duty Vehicles
Along with seven other states and the District of Columbia, Oregon signed a Statement of Intent to develop a multi-state memorandum of understanding to support and accelerate the deployment of medium- and heavy-duty ZEVs (zero-emission vehicles) for consideration by the…