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March 25, 2020 – Congressional Update Regarding Small Business Loans

Congress has agreed on a COVID-19 stimulus bill that will provide substantial economic relief to both individuals and companies. The full details of the bill have not been released, but it is expected to include $350 billion in small business loans and $500 billion for loans to distressed companies. Congress votes on the bill later today.Small Business

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COVID-19 EMPLOYEE AND TAX LEGISLATION

COVID-19 EMPLOYEE AND TAX LEGISLATION Federal and state governments have enacted numerous measures in response to the COVID-19 pandemic to ameliorate the impact on families and businesses.  The Families First Coronavirus Response Act (the “Act”), signed into law on March 18, 2020, is the first and currently most well-known of these laws.  The Act addresses

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3/23/2020 EO 2020-21 SHUTDOWN GUIDELINES FOR CONSTRUCTION PROJECTS

EO 2020-21Shutdown Guidelines for Construction Projects On March 23, 2020, the Governor of the State of Michigan issued Executive Order 2020-21 (https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-522626–,00.html) which ordered the temporary suspension of activities in the State not necessary to sustain or protect life.  This Order takes effect on March 24, 2020, at 12:01 a.m.  While the Order is at

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‘The National Demolition Association Partnered with McAlpine PC on Demolition Guidance During COVID-19’

The COVID-19 outbreak risks disrupting demolition projects in many different ways. Now is the time to prepare your company for addressing delay and disruption impacts to your active jobs from a legal standpoint.  This guide from McAlpine PC lays out basic principles to bear in mind for giving your owners/GCs notice of impacts, and outlines legal options

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COVID 19 CONSTRUCTION PROJECT SHUTDOWNS

Your construction project is being shut down because of the COVID-19 pandemic event that no one foresaw when they entered into their contracts. What do you do? Here are some things to consider: -Gather together your contract, including any incorporated agreements. Evaluate the force majeure clause, any price escalation provisions, and work suspension/project termination clauses. -Develop a legal

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Is Your Construction Contract COVID-19 Proof?

Are you an owner, general contractor, or subcontractor currently performing your obligations pursuant to a construction contract? Are you drafting, negotiating, or preparing to enter into a construction contract in the near future? If you answered yes to either of the above questions, it is imperative that you review or consider incorporating a force majeure clause

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Anatomy of a Case: Irving Tissue Project

THE PROJECT The Irving Tissue Project involved the installation of a new paper machine and accompanying construction in New York. McAlpine represented the pipe installer, a multi‐skilled contractor from Michigan. All of the pipe for the project was provided by an independent fabricator. During the construction, the owner made numerous design changes. The fabricator cited

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Anatomy of a Case: Grosse Ile Township

THE PROJECT The North‐South Interceptor Project involved the installation of 2 to 4 foot sewer pipes at depths of over 50 feet. The Project was mandated by the State of Michigan to prevent the discharge of raw sewage into the Detroit River. Grosse Ile and its engineers selected micro‐tunneling as the installation method and conducted

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Federal False Claims Act Expansion

The Federal False Claims Act (FCA) imposes liability for making false claims to the Federal Government. Violations of the FCA can result in triple damages, plus attorney fees and fines of up to $10,000 for every false claim. It also can result in the surrender of the entire claim (even the legitimate portions). Through its

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No Relief from Written Change Order Requirement

The Michigan Court of Appeals has held that, absent clear and convincing evidence of waiver, a contractor will not be relieved of the written change‐order requirement of its contract. In Field Construction, Inc. v Midfield Concession Enterprises, Inc., the plaintiff‐contractor was under contract to build restaurants at the Wayne County Metro Airport. The contractor undertook

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