Construction BulletinChris Hoskins Article Featured in "Modern Contractor Solutions"July 31, 2023 The article he coauthored titled, "Contractor Beware: Do not let notice provisions doom your next project," can be found here: Contractor Beware Article. Christopher F. Hoskins is a Member in the Equine, Construction, Health Care, and Manufacturing industry groups, focusing primarily on commercial litigation. He practices out of the Firm’s office in Lexington, Kentucky. For more on Chris, click… FREE webinar this Monday: DRI Tool Box Talks presents Pay-if-paid and Pay-when-paidMarch 16, 2023 Pay-if-paid and pay-when-paid provisions and their legal effect can have critical consequences for contractors on construction projects when an owner becomes insolvent or fails to pay a general contractor. The way these provisions are interpreted and applied differently in some jurisdictions will be discussed together with caselaw and recent legislation prohibiting or limiting the effect of such… Critical Provisions: Knowing the Consequences of Owner InsolvencyJanuary 17, 2023 You can read the article by three Jackson Kelly Attorneys, Patrick Estill, Andrew Schock, and Danielle Waltz, by clicking on the attachment below. The article is featured in this month's edition of Modern Contractor Solutions Magazine.
BUILD WV Act to Provide Tax Exemptions for Residential Building ProjectsApril 28, 2022 On March 30, 2022, West Virginia Governor Jim Justice signed the BUILD WV Act into law. The BUILD WV Act, or House Bill 4502, creates tax exemptions for developers if they build residential areas in certain regions of West Virginia. These tax exemptions include a potential municipality business tax exemption, a property value adjustment refundable tax credit for ten years, and a sales tax… UPDATED: Kentucky Publishes Revised Minimum Requirements and Additional Guidance for Construction Businesses to Re-open and Remain OpenMay 13, 2020 The construction industry was identified as a life-sustaining business and permitted to continue operations during the beginning stages of the COVID-19 pandemic in Kentucky. At that time, the construction industry was instructed to follow all CDC recommendations while conducting business. Then, as previously discussed in our May 8, 2020 post, the state published minimum requirements under the… Kentucky Publishes Minimum Requirements for Construction Businesses to Re-open and Remain OpenMay 8, 2020 By Executive Order 2020-257, dated March 25, 2020, Governor Beshear announced that the construction industry was a life-sustaining business and permitted to continue operations during the beginning stages of the COVID-19 pandemic in Kentucky. In this Order, the construction industry was instructed to follow all CDC recommendations while conducting business. At that time, the CDC recommendations… OSHA COVID-19 Guidance Specific to the Construction IndustryApril 27, 2020 On April 21, 2020, the Occupational Safety and Health Agency (OSHA) issued guidance specific to the construction industry to help reduce the spread of the coronavirus among the workforce. In addition to general preventative measures (such as respiratory etiquette, hand-washing/sanitizing, and staying home if sick), OSHA further encourages construction companies to implement several other measures… West Virginia Supreme Court Upholds State’s Right to Work LawApril 21, 2020 On April 21, 2020, the Supreme Court of Appeals of West Virginia upheld the constitutionality of West Virginia’s Right to Work law and reversed a circuit court decision that found otherwise. The Court has remanded the case to the circuit court with directions to enter summary judgment in favor of the State of West Virginia. The entire decision can be found here. In 2016, the West Virginia… COVID-19’s Impact on Construction: The New NormalApril 13, 2020 One of the many questions members of the construction industry are asking is what the industry will look like when the COVID-19 restrictions are lifted. Predicting the future is tricky at best, particularly when you consider that few of us could have predicted where we are today just 6 months ago. With that cautionary qualification, there are a few predictions that appear to be safe bets:… Kentucky’s Independent Duty RuleApril 13, 2020 On April 2, 2020, the Sixth Circuit Court of Appeals affirmed the dismissal of negligence and trespass claims a property owner asserted against a subcontractor (and Jackson Kelly client) hired to install a gas pipeline and to restore the property disturbed by the pipeline construction. The property owner claimed that the subcontractor blew wood chips into the woods on her property without her… CDC Issues Interim Guidance for Critical Infrastructure Workers Who May Have Been Exposed to COVID-19April 9, 2020 Construction firms and other critical infrastructure with employees who may have been exposed to someone with suspected or confirmed COVID-19 may allow those employees to continue working if they remain asymptomatic and they adhere to the following practices before and during their shift: Pre-Screen: Employers should measure the employee’s temperature and assess symptoms prior to them starting… AIA’s Response to COVID-19April 9, 2020 The American Institute of Architects (AIA) created a task force to consider “the role of architects and the built environment in the current COVID-19 crisis.” On April 6, the task force published its first “Health Impact Briefing,” which discusses the use of alternative care sites (ACS) to provide healthcare operations in a non-healthcare setting or building. The task force is working to provide… |
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