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Governor Murphy Signs Executive Order Number 142 Allowing Resumption of Non-Essential Construction, Curbside Pick-Up from Non-Essential Retail Stores, and Gatherings in Vehicles

Governor Murphy Signs Executive Order Number 142 Allowing Resumption of Non-Essential Construction, Curbside Pick-Up from Non-Essential Retail Stores, and Gatherings in Vehicles

Given the decrease in the rate of reported new cases of COVID-19 in New Jersey, on May 13, 2020, Governor Phil Murphy signed Executive Order Number 142 (2020) (“EO 142”) permitting, among other things, the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and gatherings in vehicles. The construction and non-essential retail provisions of EO 142 went into effect at 6:00 a.m. on Monday, May 18, and the provisions allowing for gatherings in vehicles took effect when the order was signed on May 13. EO 142 is part of New Jersey’s “Road Back” strategy to begin the careful restart of the economy. Resumption of “Non-Essential” Construction and Requirements for All Construction Projects While Governor Murphy’s Executive Order Number 122 (“EO 122”) allowed only “essential construction projects” to continue, subject to adhering to certain restrictions, EO 142 provides that all construction projects in New Jersey (“essential” and “non-essential”) may proceed, provided they adopt policies that include, at minimum, the following requirements: Exclude non-essential visitors from the worksite. Restrict project meetings and workgroups to fewer than ten individuals. Follow social distancing requirements of six feet or more distance between individuals wherever possible, including when picking up or delivering materials or...

Governor Murphy Signs Executive Order Number 122 to Cease All Non-Essential Construction Projects and Impose Additional Mitigation Requirements

Governor Murphy Signs Executive Order Number 122 to Cease All Non-Essential Construction Projects and Impose Additional Mitigation Requirements

On April 8, 2020, New Jersey Governor Phil Murphy signed Executive Order Number 122 (2020) (“EO 122”), which marks the twenty-first consecutive Order issued in response to the COVID-19 pandemic. EO 122 requires all non-essential construction projects to cease and imposes additional mitigation requirements on essential retail businesses, construction projects, and industries to reduce the rate of community spread of COVID-19 in New Jersey. EO 122 took effect beginning at 8:00 p.m. on Friday, April 10, 2020 (the “Effective Date”), and remains in effect until revoked or modified by the Governor. “Essential” vs. “Non-Essential” Construction Projects and Requirements for Manufacturing and Warehousing Businesses and Essential Construction EO 122 requires the physical operations of all “non-essential” construction projects to cease as of the Effective Date but, subject to certain requirements discussed below, allows “essential construction projects” to continue. “Essential construction projects” is defined broadly to include the following 14 categories of projects: Healthcare projects at hospitals, other healthcare facilities, and pharmaceutical manufacturing facilities Transportation projects involving roads, bridges, airports, seaports, and mass transit facilities or physical infrastructure Utility projects Residential affordable housing projects Schools projects from kindergarten through higher education Projects already started involving individual single-family homes or apartments already occupied,...

Missed the Starting Gun? Application of the Statute of Repose in Construction and Defective Product Cases 0

Missed the Starting Gun? Application of the Statute of Repose in Construction and Defective Product Cases

On April 30, 2015, the New Jersey Supreme Court decided State of New Jersey v. Perini Corporation, et al., which is likely to become a seminal case on how the ten-year limitations period of New Jersey’s Statute of Repose is applied in construction cases, in particular those involving multi-phase projects. The Perini case is also noteworthy for its ruling that the statute of repose does not apply to claims against manufacturers and suppliers of allegedly defective materials supplied on a project.

New York State’s Design Build Statute May Pave the Way for Public Private Partnerships 0

New York State’s Design Build Statute May Pave the Way for Public Private Partnerships

On December 9, 2011, New York became one of a growing number of states to pass legislation to allow design-build delivery for certain infrastructure projects. Given the current trend in repairing and replacing aging infrastructure through public private partnerships (“P3”), which traditionally use the design-build model, the passage of the design-build legislation may be a precursor to formal legislation allowing P3’s in New York.