In response to the rapid spread of COVID-19, Governor Tom Wolf ordered all non-life-sustaining businesses in Pennsylvania to close their physical locations as of 8:00 p.m. on March 19, 2020. This order was issued in an attempt to slow the spread of COVID-19. Additionally, Governor Wolf published a list that details the industries, sectors, subsectors, and industry groups that may continue physical operations, and those that may not. The list can be accessed by clicking this link: www.governor.pa.gov/newsroom/all-non-life-sustaining-businesses-in-pennsylvania-to-close-physical-locations-as-of-8-pm-today-to-slow-spread-of-covid-19/ .
Pursuant to the Governor’s Order and list, businesses involved in the construction of buildings, heavy and civil engineering construction, and specialty trade contractors may not continue physical operations. An exception was made for emergency repairs. Some construction project owners have obtained waivers from the Governor in order to continue construction on projects. This puts contractors in a difficult position of having to staff the project. The Governor’s Order will have a major impact on the construction industry, businesses involved in construction, and current construction projects. Construction projects commonly have one or multiple contracts detailing the rights and obligations of contractors. These contracts contain clauses dealing with dates for completion, schedules, delays, extensions, and damages for non-compliance.
In light of the Governor’s Order, these provisions contained in construction contracts will become extremely relevant for Pennsylvania contractors and businesses in the construction industry. If not addressed properly and fairly by the parties involved, it is possible that a number of claims and litigation may arise as a result of delays incurred on construction projects due to the Governor’s Order.
Rosenn, Jenkins & Greenwald is ready, willing, and able to review construction contracts and determine the rights and obligations under those contracts. Moreover, Rosenn, Jenkins & Greenwald’s Litigation Department has extensive experience in handling construction claims and disputes, and the ability to achieve positive results without litigation.
If you are interested in learning more about these services, please visit https://www.rjglaw.com/litigation/ or call (570) 826-5600. You can also contact Attorney Robert D. Schaub at rschaub@rjglaw.com or Attorney TJ Jensen at ajensen@rjglaw.com