Construction Insight: Liquidated Damages and Supply Chain Disruptions
June 23, 2022 – With unpredictable supply chain disruptions continuing to plague the industry, liquidated damages provisions and breach of contract claims arising from construction delays are receiving more scrutiny. This is because, depending on the terms of a project contract, contractors and subcontractors may be liable for schedule delays …
Construction Insight: Managing Subcontractor Risk
April 27, 2022 – America’s labor shortage is far from over and many construction firms are having a hard time finding qualified talent to fill their subcontracting needs. Faced with intensifying project demand, it is no surprise contractors may feel a loss of bargaining power when negotiating with subcontractors. But, while …
Construction Insight: Navigating Extreme Cost Escalation
March 18, 2022 – With the impact of COVID-19 and now the conflict between Russia and Ukraine wreaking havoc on global supply chains, construction materials have skyrocketed in price. Over the last two years, construction projects have faced increased costs of structural steel, lumber, copper, petroleum, and more, with prices …
A Class Action Was Just Filed – Now What?
A 10-Point Response Plan
The company was just sued in a putative class action. Now what? The following 10-point response plan broadly outlines the initial steps to implementing a comprehensive class action defense, recognizing that there is no one-size-fits-all defense plan and each one of the steps entails sophisticated legal …
Construction Insight: Understanding Material Project Delays
February 17, 2022 – Over the last two years, the spread of COVID-19 has caused unprecedented delays and uncertainty in the construction industry. While project delays have always been common, the combined impact of pandemic-related work closures, global supply chain issues, and other disruptions have wreaked havoc on project milestones and completion …
E&L Insight: Dealing With the Rise of Fake Vaccination Cards
With a growing number of employers implementing COVID-19 vaccination policies, employee resistance to these policies is increasingly taking the form of employees providing fake vaccination cards as proof of their vaccination.
Unfortunately, the black market for fake COVID-19 vaccination cards is very real, with U.S. Customs & Border Patrol recently …
E&L Insight: Responding to COVID-19 Vaccine Religious Objections
As more employers implement mandatory COVID-19 vaccine policies, employee objections to COVID-19 shots are becoming increasingly common. Like other mandatory vaccine policies, employer-mandated COVID-19 programs must manage and, in some instances, provide reasonable accommodations because of an employee’s sincerely held religious belief, practice, or observance, unless providing an accommodation would …
E&L Insight: What Employers Need to Know About Vaccine Mandates
With the Delta variant surging across the country, many employers are implementing mandatory vaccine policies. But rolling out a vaccine requirement can be a delicate balancing act, so how should employers face this issue?
When inquiring about employees’ vaccination status, offering incentives, or implementing education campaigns are not sufficient, ultimately …