With construction projects ramping up, the construction industry faces another new challenge: project shutdowns when workers test positive for COVID-19. The response should be automatic based upon each project's Jobsite Specific Plan or Safety Protocols required by governing Shelter In Place ("SIP") Orders. read more

Many commercial landlords are concerned with potential COVID-related claims arising from use of common areas of buildings. Common commercial lease provisions may already allocate this potential risk largely to a tenant. Lease forms should be reviewed to confirm that risk allocation provisions appropriately address this risk. read more

COVID-19 and the resulting Shelter-In-Place ("SIP") Orders have wreaked havoc on the construction industry. The vast majority of projects have been shut down for several weeks. read more

A recent California court case underscores the need for a landlord to insist that a tenant's lender assume the lease following foreclosure, and simultaneously highlights an opportunity for a lender foreclosing on a leasehold to limit its liability under the lease. read more

Accepting the conditions of a permit "under protest" and proceeding with the project while attempting to litigate the conditions can be risky. read more