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Bay Area Counties Issue New Orders Permitting Construction to Resume with Conditions
Hanson Bridgett LLP, May 2020

Key Points:  Bay Area counties issued new Shelter Orders on April 29, 2020 allowing all construction to resume. The new Shelter Orders include detailed Construction Safety Protocols that construction jobsites must comply with. There is one Construction Safety Protocol for “small” construction projects, and a more rigorous Construction Safety Protocol for “large” construction projects...

Easing of Restrictions on Michigan Construction Industry to Go Into Effect on May 7, 2020
Dykema, May 2020

The fight against COVID-19 has had a serious impact on businesses across the nation, and the construction industry is no exception. May 1, 2020, marked a step toward a new normal as Michigan Governor Gretchen Whitmer signed Executive Order 2020-70 easing restrictions on construction projects. The Governor’s office also issued a press release explaining how the Order applies to work on construction projects...

Alert Level 3: Big Change for Some Commercial Tenancies, Very Little Change for Others
MinterEllisonRuddWatts, April 2020

Alert Level 3 began at 11.59pm on 27 April 2020, with the implementation of the Health Act (COVID-19 Alert level 3) Order 2020 (theLevel 3 Order). For some people and businesses this change provides welcome relief to revive business operations (albeit with some modifications), but for others very little has changed...

California Superior Court's Application of SB 35 to Los Altos Development Project Provides Encouragement to Housing Proponents
Hanson Bridgett LLP, April 2020

Key Points A recent order from the Santa Clara County Superior Court suggests that California courts intend to uphold and implement SB 35's goals of fast-tracking housing developments that meet established, objective criteria. California courts will closely scrutinize the objective planning standards cities and local governments utilize in determining whether a project is compliant with local land use criteria and building codes...

U.S. Supreme Court Allows Landowners’ State-Law Challenge to Ongoing CERCLA Remediation
Lowenstein Sandler LLP, April 2020

On April 20, the United States Supreme Court decided in Atlantic Richfield Co. v. Christian et al.1 that landowners can sue under state common law for restoration of their properties located within the boundaries of a Superfund site subject to a USEPA-approved remedy. The Court also held, however, that because the landowners are, themselves, PRPs under CERCLA, USEPA must approve any remedial action that goes beyond the USEPA-approved remedy...

SCOTUS Requires Clean Water Act Permits for Some Groundwater Discharges, Pronounces “Functional Equivalency” Test
Lowenstein Sandler LLP, April 2020

On April 23, the Supreme Court of the United States issued a landmark decision interpreting the reach of the federal Clean Water Act (CWA). That case isCounty of Maui, Hawaii v. Hawaii Wildlife Fund, No. 18-260, 590 U.S. ___ (2020). The Supreme Court’s opinion can be viewed here. The CWA requires regulated entities to obtain a permit for any discharge of pollutants from a point source to navigable waters of the United States. 33 U.S.C. 1311(a)...

New York Remote Notarization
Haynes and Boone, LLP, April 2020

In light of the social distancing orders put in place in response to the COVID-19 pandemic, Governor Andrew Cuomo signed Executive Order 202.7 on March 19, 2020 which authorized notary publics to notarize documents remotely. The initial order was in effect through April 18, 2020; however, Executive Order 202...

No Mask, No Service: Evolving COVID-19 Orders May Support Insurance Coverage for Retailers' Losses
Hunton Andrews Kurth LLP, April 2020

Many recent government orders require “nonessential” businesses to close due to COVID-19, resulting in massive financial losses for many retail businesses. The orders also change how “essential” retailers do business. For instance, Miami-Dade County’s mayor issued an executive order requiring people who visit or work at, among other places, grocery stores, restaurants and pharmacies to use face coverings...

COVID 19 - Injunctive Relief Against Invocation of Bank Guarantee on The Basis of Special Equities under Section 9 of the Arbitration Act
Kochhar & Co. Advocates & Legal Consultants, April 2020

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Another comes as a welcome breather in an area otherwise seemingly parched for development of case law...

Commercial Leases & COVID-19: Key Considerations of a Rent Relief Agreement
Lawson Lundell LLP, April 2020

Given the impact of the COVID-19 pandemic, a large number of businesses are seeking some form of rent relief from their landlords. When negotiating a rent relief agreement, there is a balance to be struck between providing meaningful relief to a tenant so that its business has a better chance of long term survival, while still allowing the landlord to meet its ongoing obligations, which may include mortgage payments on the property, and other costs which it may not be able to defer...

COVID-19 Pandemic - Injunctive Relief Against Invocation of Bank Guarantee on the Basis of Special Equities Under Section 9 of the Arbitration Act
Kochhar & Co. Advocates & Legal Consultants, April 2020

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Anothercomes asa welcome breather in an area otherwise seemingly parched for development of case law...

Business Trips to the Czech Republic are Now Allowed from 27 April 2020 - Under what Conditions?
Kocian Solc Balastik, April 2020

The government has started the announce the dismantling of certain Covid19 measures and from Monday, April 27, 2020, itnow allows business trips for foreigners to the Czech Republic, in respect of which entrepreneurs have been repeatedly demanding. However, it set a number of conditions and rules...

Czech Real Estate Investment - Potential Abolition of Real Estate Acquisition Tax as a Result of COVID
Kocian Solc Balastik, April 2020

The Ministry of Finance proposes the abolition of a 4 percent real estate acquisition tax. The proposal will be discussed on Friday 17 April by the Coalition Council of the Government and the National Economic Council of the Government (NECG)...

Briefing on Issuances in Relation to the COVID-19 Pandemic (as of April 19, 2020)
SyCip Salazar Hernandez & Gatmaitan, April 2020

 This is a briefing on the following issuances as of April 19, 2020 in relation to the COVID-19 pandemic: A. Extension of Periods for the Filing and Submission of Various Documents and Payment of TaxesB. Mandatory Disclosure of Personal Information of COVID-19 Patients C. Securities and Exchange Commission (SEC) Issuances D. Bangko Sentral ng Pilipinas (BSP, the Central Bank of the Philippines) Issuances E. Insurance Commission (IC) Issuances F...

Protection of Lessees during the COVID-19 Crisis
Cechova & Partners, April 2020

A draft bill [1] passed preventing lessors of real estate, including flats and non-residential properties, to unilaterally terminate lease due to delay of lessees with payment of rent, including payments for performance usually associated with the lease, which are due during the period between 1 April 2020 and 30 June 2020...

Construction Consultant Stanley Lo Awarded Professional Qualification of Accredited NEC4 Project Manager
Deacons, April 2020

In promoting a collaborative partnership in the delivery of public works projects, the Hong Kong Government has adopted the “New Engineering Contract” (NEC), which aims at improving construction efficiency and effectiveness in the use of public funds. Since its first publication in the UK in 1993, the NEC contract has become increasingly popular in the UK, Australia, South Africa, Hong Kong and New Zealand...

Court Upholds Validity of Calls on Contractor’s Bond
Deacons, April 2020

West Kowloon Cultural District Authority v AIG Insurance Hong Kong Limited [2020] HKCFI 569, concerned a bond obtained by the contractor, Hsin Chong Construction Company Limited (Hsin Chong), from the Defendant, AIG Insurance Hong Kong Ltd (AIG), in favour of the Plaintiff, West Kowloon Cultural District Authority (West Kowloon), as required under a construction contract...

Protective Guidelines for the Construction Sector
Brigard Urrutia, April 2020

On April 11, 2020 the Colombian Government established protection guidelines applicable to all personnel working on on-going construction projects during the health emergency, applicable to the activities of the project itself, as well as to the supply chain and materials, in order to prevent, reduce exposure and mitigate the risk of infection by coronavirus COVID-19...

San Francisco Extends Commercial Eviction Moratorium
Hanson Bridgett LLP, April 2020

Key Points: SF Major extends commercial eviction moratorium through May 17, 2020. Moratorium applies only to commercial tenants registered to do business in San Francisco meeting certain requirements. Moratorium applies to all attempts to recover possession due to non-payment. Moratorium covers security deposits...

COVID-19: Impacts and New Guidance for Skilled Nursing Facilities
Spilman Thomas & Battle, PLLC, April 2020

The COVID-19 pandemic has had a disproportionate impact on skilled nursing and assisted living facilities. While the following CMS recommendations and guidelines identify nursing homes as the target recipients, they are applicable to all facilities that receive Medicare and Medicaid funds, and are therefore subject to CMS's oversight...

Reverse Mortgage Violation? Not So Fast
Spilman Thomas & Battle, PLLC, April 2020

A West Virginia federal district court recently addressed a plaintiff’s claims that her reverse mortgage violated at least two statutes and West Virginia common law. The plaintiff was one of two borrowers on that mortgage and sued the mortgage lender and its servicing affiliate. The servicer moved to dismiss. The court granted the motion in part and denied it in part...

Pennsylvania Governor Provides Update for Stay-at-Home Order, the Construction Industry, Online Notarizations and Curbside Wine and Spirit Sales
Spilman Thomas & Battle, PLLC, April 2020

At a news conference on April 20, Governor Wolf announced he is extending his stay-at-home order until May 8, 2020. But in a nod to a construction industry that has been particularly hard-hit by the Governor’s shutdown and stay-at-home orders, Governor Wolf said he also will permit construction (both residential and non-residential construction) to resume throughout the Commonwealth on May 8, 2020...

COVID-19: Remobilising the Construction Sector
MinterEllisonRuddWatts, April 2020

The New Zealand Government has announced that New Zealand will move to Alert Level 3 (AL3), effective from 11.59pm on 27 April. For the construction sector, this means that ‘non-essential’ projects are able to remobilise to site and resume performance of their works – subject to compliance with health and safety and physical distancing rules...

What can UK-Based (Re)Insurers Currently Providing Cross-Border Services in Hungary do to Prepare for the End of the Implementation Period Set in the UK-EU Withdrawal Agreement?
Szecskay Attorneys at Law, April 2020

How can UK-based insurance companies providing cross-border insurance services to Hungary prepare for 1 January 2021 (i.e...

What Commercial Landlords Need to Know About Massachusetts Moratorium on Evictions and Foreclosures
Verrill, April 2020

On April 20, Massachusetts enacted a moratorium on evictions and foreclosures during the COVID-19 emergency (House, No. 4647). While the Act addresses residential tenants and residential foreclosures as well as commercial tenants, this brief synopsis is limited to the impact of the Act on commercial tenants and their landlords. Massachusetts courts are essentially prohibited from entertaining any non-essential eviction action with respect to a small business premises unit...

 

 

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