Publication
Under Construction – January 2021
Welcome to this winter edition of our Under Construction newsletter. We hope your holidays brought you some much needed rest and relaxation and that 2021 is off to a wonderful start for you, your family, and your company.
The COVID-19 pandemic continues to present obstacles in the construction industry. In this issue, we start off with an article that looks at improving recovery on delay and impact claims due to COVID-19 and how the American Society of Civil Engineers has provided guidance and standards regarding these claims.
In Colorado, nearly 40 bills were introduced in the Colorado General Assembly aimed at providing additional pandemic relief. The next article reviews the highlights from the assembly session and the actual COVID-19 relief enacted.
Next, we explore the enforceability of pay-if-paid clauses in construction contracts and how the Nevada Supreme Court recently and in the past has analyzed these payment clauses.
Then we turn to an article that provides an overview of preconstruction lien notice deficiencies in Utah and how they affect lien and payment bond claims. The article explains the intertwined issues and steps an owner may take for protection.
The Arizona Court of Appeals recently issued a memorandum decision regarding the Arizona Prompt Pay Act. Our last article explains the decision, and gives insights on future arguments that may be advanced arising out of Prompt Pay Act disputes and Registrar of Contractors disciplinary actions and hearings.
We hope you will find these articles informative and enlightening. Please let us know if you want us to address a specific construction issue in a future newsletter. We hope you have a profitable, busy and safe 2021!
Best Regards,
Jim Sienicki
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
