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How the world has changed since March 2020. An unseen virus, a global pandemic, high infection rates, hospitalizations, and death. We have previously reported in prior blogs the various county orders and their impact in the construction industry. In an effort to address public safety specifically aimed at reducing the infection rate in El Paso County, El Paso County Judge Ricardo Samaniego signed Order No. 13, effective October 29, 2020. The stay-at-home Order expires on Wednesday November 11, 2020 and contains some of the most restrictive requirements of any recent emergency order in Texas, s

Texas continues to gradually reopen for business as the COVID-19 pandemic in most of the State stabilizes and in the major metropolitan areas, decreases.  Governor Abbott’s recent Executive Order regarding COVID-19, GA-30, issued on September 17, 2020, and the Minimum Standard Health Protocols for Bars or Similar Establishments, issued on October 7, 2020, reflect those realities. Under Executive Order GA-30, there are no occupancy limits for any services listed by the US Department of Homeland Security’s Cybersecurity and Infrastructure Workforce (CISA), which as defined in earlier Execut

When an employee chooses to defer payroll tax pursuant to President Trump’s recent order, who is responsible for making certain that the tax is actually paid at the end of the deferral period? In the ever-changing world of COVID-19-related guidance documents and regulations, the Department of the Treasury recently clarified that employers bear that burden. Effective September 1, 2020, employees who make less than $4,000 per biweekly pay period may opt to defer payment of their portion of Social Security withholding taxes through the end of 2020.  Those deferred taxes must be paid by April 3

On April 14, 2020, DNM Contracting, a general contractor in Houston, submitted an application for a Paycheck Protection Plan (PPP) loan with Wells Fargo. Two days later, with its loan not funded, DNM learned that all the funds for the PPP program had been exhausted.  Shortly afterwards, DNM filed suit against Wells Fargo, seeking class action certification, arguing that Wells Fargo violated the PPP regulations by not paying on a “first come, first serve basis” and by favoring larger borrowers. Since the case was filed, a series of procedural maneuvers have kept the parties from addressing

Are lost profits associated with local shelter-at-home orders recoverable under a property insurance policy? At least one court, the US District Court for the Western District of Texas, has ruled they are not. 1.    Non-Essential Businesses In Diesel Barbershop, LLC v. State Farm Lloyds, 2020 WL 4724305 (W.D. Tex., San Antonio Div.), several hair salons were forced to close due to their being categorized as non-exempt businesses under Bexar County’s Shelter-at-Home Order and as non-essential businesses under one of Governor Abbott’s Executive Orders.  Diesel and the other companies file