Effects of COVID-19 Health Crisis on Construction Projects in New Jersey
T
he COVID-19 health crisis has affected every aspect of living and working in the State. Fortunately for the utility and transportation industry, Governor Murphy exempted this kind of work from the shutdown, although problems still plagued the Association members, from employees’ health concerns to supply-chain delays. Non-essential construction projects resumed more recently and while that may be a welcome sign of getting our economy up and running again, it will likely exacerbate the difficulties facing both contractors and their employees. Unlike essential workers such as police, EMTs, or grocery store cashiers, construction workers’ public exposure while working is limited. One of the issues that reopening presents is how contracting COVID-19 will be construed under applicable law. While workers should be covered by worker’s compensation if appropriate, they should have to show some causation, such as having contracted the virus from another employee. Pending legislation being considered at the time of writing may provide additional guidance on this issue. Be sure to consult with counsel about the provisions of the new law that will be adopted. Bear in mind that contractors must record COVID-19 incidents with OSHA on the OSHA 300 list if an employee is diagnosed with the illness, contracted the illness through work, and recording is required per OSHA general recording criteria (i.e., requires medical treatment beyond first-aid). If an employee tests positive, you should notify co-workers who may have been exposed, although you may want to consult with an attorney about confidentiality issues. Other issues are specific to the public contracting sphere. Although State agencies such as the New Jersey Department of Transportation have procured contracts through electronic means for many years, local government units have lagged behind. Electronic bid submission is still not allowed because local units do not yet have a secure e-bidding system. The Division of Local Government Services is encouraging municipalities and school districts to provide a lock box outside of administrative offices for secure drop-off of bid packages, but many local agencies are simply providing directions to bidders about when and where to personally deliver their bids or are providing additional time for mail or courier delivery. Rather than the usual 10 days for responses after an advertisement, the DLGS is encouraging local public units to provide 20-30 days for construction project responses.
Under applicable law, local units must still read bids aloud at a public bid opening. The units will likely require any bidders who want to attend the bid opening to wear masks, and social distancing will be maintained. There may also be an option to view the bid opening remotely, but that option must be a supplement to the public bid opening, not a substitute for it. If this option is offered, make sure you find out in advance about the details of the livestreaming technology being used. Local units are also being encouraged to scan in at least the three lowest bids and post them on their website, so take advantage of this procedure to review the bids of competitors. Note that many municipalities and school districts are conducting meetings by electronic means, so you may be able to obtain information about the results of a bid in that manner.
Legal Dig
By: adrienne l. isacoff, florio, perrucci, steinhardt & cappelli
The Department of Community Affairs is, on an emergency basis, temporarily relaxing the Uniform Construction Code regulatory provisions concerning Minor work (N.J.A.C. 5:232.17A), Inspections (N.J.A.C. 5:23-2.18), and Certificate requirements (N.J.A.C. 5:23-2.23). The Department has also issued new guidance for construction offices on State and local plan review and inspections. You can review the notice of emergency rule adoption and the guidance document at: https://www.nj.gov/dca/divisions/codes/alerts/pdfs/ COVID_RelaxMod.pdf https://www.nj.gov/dca/divisions/codes/alerts/pdfs/ COVID_memo.pdf These are just some of the many issues facing the construction industry as we all struggle to weather this crisis. Most importantly, stay well and strong for your family, your community, and your business.
Utility & Transportation Contractor | june| 2020 13
