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29 Sep, 2021

New Guidance on COVID-19 Vaccine Mandate for Federal Contractor

2021-09-29T15:23:40-05:00September 29th, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, Vaccination|

The Federal Workforce Task Force, created by President Biden’s Executive Order on COVID Safety Protocols, released guidance on workplace safety protocols for federal contractors and subcontractor.  The Guidance explains which contracts are covered, which employers are covered and the COVID-19 vaccination requirements for covered employees.  Below are answers to common questions about the Guidance. When will the Vaccine Mandate start? Government agencies will begin implementing the new requirements during the [...]

26 May, 2021

Contractors Do NOT Have to Record Vaccine Reactions

2021-05-25T08:18:30-05:00May 26th, 2021|Construction Contractor Advisor, COVID-19, Nebraska Construction Law, Vaccination|

On May 21, 2021, OSHA reversed course on employer-required COVID-19 vaccinations, no longer requiring employers to record vaccine reactions.  This is a great step forward for employers and is supported by both industry groups and labor unions. As you may recall, last February OSHA originally mandated that if an employer required employees to get a vaccine, an employee’s adverse reaction to the vaccination must be recorded in their OSHA 300 [...]

14 Apr, 2021

I’m sorry I asked.  What You Need To Know About Asking Employees If They Have Been Vaccinated.

2021-04-13T11:41:42-05:00April 14th, 2021|ADA, Construction Contractor Advisor|

During the early days of the Covid-19 pandemic the promise of a vaccine and a return to normalcy was the light at the of the tunnel.  A year later the ability to receive a vaccine is becoming rapidly available to people in almost all age groups, including your employees.  However, with the increased ability to receive the vaccine comes a new question – can you ask your employees if they’ve [...]

3 Feb, 2021

President Biden Orders OSHA to Issue New COVID-19 Guidance

2021-01-30T09:38:10-06:00February 3rd, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, OSHA|

President Biden recently issued an Executive Order (copy here) requiring OSHA to issue “science-based guidance” to help keep workers safe from COVID-19 exposure.  The Executive Order does not create immediate changes, but calls for quick action by OSHA to update its guidance. The Executive Order  requires OSHA to: issue, within two weeks, revised guidance to employers on workplace safety during the COVID-19 pandemic; consider whether any emergency temporary standards on [...]

23 Sep, 2020

Should you Update your Construction Contracts after COVID?

2020-09-12T11:50:59-05:00September 23rd, 2020|Construction Contractor Advisor, Construction Contracts, Construction Law, COVID Construction|

There are few, if any, construction projects that were not impacted by COVID-19.  Now that we have all dealt with these impacts, it’s time to look ahead and determine if your construction contracts should be updated to address these impacts. Below are some provisions that you should review to address future COVID type situations. Notice Provisions Delivery of notices is a critical obligation under construction contracts. But, what if the [...]

29 Jul, 2020

OSHA—More COVID Updates

2020-07-25T09:33:24-05:00July 29th, 2020|Construction Contractor Advisor, COVID-19, OSHA|

OSHA has issued new Frequently Asked Questions addressing when an employer must report work-related cases of COVID-19.  Unfortunately, the FAQs seem contrary to the 24-hour hospitalization rule. As you likely know, section 1904.39(b)(6) requires employers to report an inpatient hospitalization only if the hospital admission occurs within 24 hours of a work-related incident.  Applying this to COVID, if an employee is exposed at work and then goes to the hospital within [...]

24 Jun, 2020

Take-Out Food and the First COVID-19 Force Majeure Opinion

2020-06-20T11:27:32-05:00June 24th, 2020|Construction Contractor Advisor, COVID Bankruptcy, COVID-19, Force Majeure|

An Illinois bankruptcy court was the first court in the country to issue an opinion on how a force majeure clause in a commercial lease would be applied to the COVID-19 pandemic.  Not surprisingly, the language of the underlying force majeure clause and the Illinois’ Governor’s executive order played critical roles in the court’s analysis.  As it turned out, take-out food saved the contract. The case involved a restaurant that [...]

3 Jun, 2020

Indemnity Obligations in the Age of COVID-19

2020-05-30T10:12:42-05:00June 3rd, 2020|Construction Contractor Advisor, COVID-19, Indemnity clauses, Nebraska Construction Law|

COVID-19 has created chaos in the construction world.  One of the biggest problems is staffing projects to meet deadlines on the project.  But, what if your company is hit with a COVID-19 outbreak and you cannot staff the job?  Have you already agreed to indemnify the upstream contractor or owner for any damages stemming from a COVID-19 outbreak?  We recommend reviewing your indemnity obligations to determine your risk and the [...]

27 May, 2020

Best Practices in Dealing with COVID-19

2020-05-25T08:53:38-05:00May 27th, 2020|Best Practices, Construction Contractor Advisor, COVID Construction, Nebraska Construction Law|

We have all been dealing with the impact of COVID-19, but the situation becomes more personal when one of our own employees reports that he or she is suffering from COVID-19 symptoms.  And, with all the guidance out there, it may be difficult to figure out exactly what to do. We sifted through the various CDC guidance and other governmental regulations on this and compiled these best practices on responding [...]

20 May, 2020

Sending Employees Home to Avoid Catching COVID-19? Remember Your ADA Obligations.  

2020-05-20T16:36:38-05:00May 20th, 2020|ADA, Americans with Disabilities Act, Construction Contractor Advisor, COVID Construction, COVID Employment, COVID-19|

Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time.  The EEOC has reminded employers of their obligations, even during the COVID-19 pandemic, to comply with federal anti-discrimination laws including the Americans With Disabilities Act. Recently, the EEOC provided guidance that appeared to allow employers [...]

15 Apr, 2020

Construction Work—Is it an Essential Activity in your Jurisdiction?

2020-04-11T08:15:10-05:00April 15th, 2020|Construction Activity, Construction Contractor Advisor, Construction Economy, COVID Construction, COVID-19|

Shelter in place orders abound throughout the country, yet construction continues to march on.  As we continue to deal with the impact of COVID-19, it’s important that you know whether your construction work is considered essential.  Your local government, state, county and city, may have established guidelines which will impact your operations. For example, Nebraska has “requested” that everyone stay at home and social distance at work.  Construction projects are [...]

26 Mar, 2020

Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances

2020-03-27T13:28:50-05:00March 26th, 2020|Best Practices, COVID Estate Planning, COVID-19, Farm Management, Midwest Agricultural Law|

  At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get through this together. We add to that our commitment to continue addressing the legal concerns of existing and new clients as steadfastly as always. In the realm of legal matters, there is an important [...]

25 Mar, 2020

Is it Time to Send your COVID-19 Notice? YES

2020-03-27T14:15:50-05:00March 25th, 2020|Construction Claims, Construction Contractor Advisor, Construction Delays, COVID Construction, COVID-19|

COVID-19 is hampering all aspects of our lives, and the construction industry is no exception.  As you continue to assess your construction projects, don’t forget that you likely have notice obligations to upstream contractors or the owner to let them know of potential delay and cost increase claims. Review Your Contract Your contract probably requires you to provide notice of delays to upstream contractors or the owner.  And, it likely [...]

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