The Daily Reporter – WI Construction News & Bids Wisconsin's Construction Authority

On May 19, the Occupational Safety and Health Administration, better known as OSHA, issued Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19).

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It’s up to us. We can’t count on our elected representatives to work together for the public good in Wisconsin. They have proved themselves utterly incapable of compromising even in an emergency to come up with a sensible plan to protect the health of our most vulnerable friends, neighbors and family members.

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As we discussed in a previous commentary, after you have identified contract clauses that are critical to determining your rights and obligations with respect to COVID-19 caused delays, next you need to determine what these clauses actually say.

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It’s now been about two months since Wisconsin’s Safer at Home order went into effect, shutting down many businesses and putting hundreds of thousands of people out of work.

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It is not hyperbole to say that the whole world is in the midst of unprecedented times. Although the federal government has not issued specific mandates to the construction industry, states and cities have enacted their own policies, first as part of “stay at home” and not as part of “return to work” orders. At each end of the stay-return spectrum, most jurisdictions have deemed construction an “essential business,” allowing projects to continue.

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Even in the best of times, mental health is a big concern in the construction industry.

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Wisconsin has fresh hope for an eventual “return to normal” with the most-recently issued emergency order to combat the coronavirus pandemic, but the “new normal” may temporarily look a little different.

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As people hunker down at home, with few places to go but the grocery store, congestion has all but disappeared from our highways and freeways.

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The coronavirus pandemic has prevented countless people from fulfilling their contracts, from basketball players to babysitters.

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“Force majeure” is a French phrase meaning “superior force.” It is also the name given to a common contract clause, which has the effect of excusing a party’s performance under the contract upon the occurrence of certain events beyond the parties’ control and which make a party’s performance under the contract impossible or unreasonably impracticable.