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COVID-19 Legal Issues and Insights


  • On March 19, 2021, California Governor Gavin Newsom signed into law Senate Bill (“SB”) 95, a new COVID-19 supplemental paid sick leave requirement. SB 95 went into effect on March 29, 2021 but applies retroactively to January 1, 2021. SB 95 was passed in response to the expiration of sick leave benefits under the Families First Coronavirus Response Act (“FFCRA”) and Assembly Bill (“AB”) 1867 at the end of 2020. SB 95, however, is more expansive than either of those prior acts. The California Department of Industrial Relations (“DIR”) has published a comprehensive FAQ providing guidance on SB 95 compliance. […]

  • January 2021 Since March 4, 2020, when Governor Newsom issued a Proclamation of a State of Emergency, the State has been in a constant pattern of slow down, shutdown, ramp up, repeat. In addition to Governor Newsom’s emergency orders, most counties are establishing (or already have established) emergency procedures as well. This makes it particularly difficult for construction companies with projects in multiple counties to track emergency procedures such as training and reporting. The following provides a quick guide to construction site compliance based on California’s Assembly Bill 685 (“AB 685”) and how to prepare for potential shutdowns related to […]

  • October 2020 Read Barbara Holland’s Las Vegas Review-Journal article where she interviews Partner Matthew Grode regarding Nevada’s SB4 pertaining to limiting liability regarding COVID-19.  SB4 does not offer HOAs complete immunity from liability_ Las Vegas Review-Journal For more information contact: Matthew L. Grode mgrode@gibbsgiden.com (310) 734-3345 In his many years of practice, Mr. Grode represents hundreds of community associations relative to a broad array of legal issues including, but not limited to, interpretation and enforcement of governing documents, drafting of governing documents, contract negotiations and disputes, and construction defect litigation.  The content contained herein is published online by Gibbs Giden […]

  • October 2020 CALIFORNIA COURTS DELIVER ANOTHER BLOW TO COMMERCIAL POLICYHOLDERS SEEKING BUSINESS INTERRUPTION COVERAGE FOR LOSSES CAUSED BY GOVERNMENT-MANDATED “STAY AT HOME” ORDERS IN RESPONSE TO COVID-19. Another California court has held that an insurer is not obligated to cover business interruption losses for a policyholder that closed its operations due to the government-ordered shutdown in response to COVID-19.  In Mudpie Inc. v. Travelers Casualty Insurance Co. of America (“Mudpie, Inc.”), the U.S. District Court for the Northern District of California held that Travelers Casualty Insurance Co. (“Travelers”) was not obligated to pay a lost income claim by Mudpie Inc. […]

  • September 2020 On August 31, 2020, the California Legislature enacted the COVID-19 Tenant Relief Act of 2020 (the “Act”) in response to the impact of the COVID-19 pandemic on residential tenants and their ability to pay rent. On September 4, 2020, the CDC published an order (“CDC Order”) entitled “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.” Below are the main take-away from the Act and the CDC Order related to residential unlawful detainer actions.  The Act The Act intends to cover COVID-19 rental debt during: (i) the protected time period between March 1, 2020 and […]

  • Jeff Love is an attorney and partner with Gibbs Giden where he and his team focus on residential and commercial transactions, purchase and sale agreements, syndications, and leases. He is interviewed by Juan Vargas on the Commit To Wealth podcast.  Listen here.   For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff Love is a partner with the firm. His practice encompasses all facets of real estate transactions, including drafting and negotiating purchase, sale, syndication, and financing transactions in connection with commercial, industrial, and residential assets. He also regularly drafts and negotiates office, retail, and industrial leases for regional landlords […]

  • If you are an attorney, insurance broker, or other professional representing developers and contractors, then your clients have likely reached out with concerns about losses related to COVID-19.  One common question is whether there is potential coverage under builders risk insurance policies.   The short answer is: It depends. As with most questions pertaining to insurance coverage, the answers depend on the specific policy language and underlying facts required to trigger coverage. Builders risk policies are even more fact specific due to the lack of uniformity of base policy forms and endorsements between insurance carriers.   The first step in […]

  • The State of California has released guidance exempting construction workers “who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)” from Governor Newsom’s March 19, 2020 shelter in place order.  This broad exemption includes commercial construction projects.  However, many counties and certain cities have issued more restrictive orders pursuant to authority vested in the California Health and Safety Code, which grants local health officers the discretion to take preventive measures necessary to protect and preserve public health in their respective jurisdictions.  Generally speaking, these orders have imposed a moratorium on all construction projects […]

  •   For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff Love is a partner with the firm. His practice encompasses all facets of real estate transactions, including drafting and negotiating purchase, sale, syndication, and financing transactions in connection with commercial, industrial, and residential assets. He also regularly drafts and negotiates office, retail, and industrial leases for regional landlords and tenants throughout the West Coast. Mr. Love has extensive experience drafting, negotiating, and reviewing real estate loan documents, including originations, modifications, note purchase agreements and other finance-related transactions from structuring through loan closing. He is a licensed real estate broker […]

  • By now every construction professional has been inundated with articles regarding the impacts of COVID-19 on the construction industry. The sheer volume of information is overwhelming and changes by the hour. This article is intended to summarize key issues affecting construction professionals and serve as a general road map for navigating the crisis.   1.    Determine Project Status The first consideration is whether the construction projects at issue are allowed to proceed given “shelter in place” and related orders. Generally speaking, Governor Newsom has deemed construction to be essential and, therefore, exempt from California’s “Safer at Home” order. There is some debate as to […]