COA DSD Issues Poster for Jobsites with 10+ Workers by Clayton Utkov  On Monday evening, April 6, 2020, the Development Services Department of the City of Austin (DSD) issued updated guidance for the construction industry, reiterating that “all construction is considered essential” pursuant to the Governor’s Order No. GA14, and the DSD affirms that the COA worker protection requirements remain in place.   The worker protection requirements can be found in the April 2, 2020, COA Supplemental Guidance Based on Executive Order No. GA-14, which is available at the following link. The supplemental guidance from April 2nd, includes the employer health and safety requirements as item number 3. The bullet point list of requirements includes the posting of “a sign in English and Spanish providing the social distancing requirements of Section 6.j. of the Stay at Home Order”, among other things, once the COA makes the signs available to Contractors.   Yesterday’s supplemental guidance from the DSD includes a link to the English and Spanish versions of the signs, which can be found here.  Both English and Spanish versions of these signs must be displayed at any construction site with “more than 10 active workers at any given time.”   It is also worth noting that the DSD’s guidance says that “Austin Code inspectors will continue to monitor construction sites to ensure that social distancing and recommended hygiene practices are being observed.”

CARES Act Update: PPP & $250 Billion Boost | EIDL Program Expansion by Patrick Hayes and Mahek Bhojani   Paycheck Protection Program: Yesterday, the U.S. Department of the Treasury released a FAQ regarding the Paycheck Protection Program. In addition to other clarifications, this FAQ clarifies the eligibility requirements of small businesses.   Per the text of the CARES Act, a business is eligible for the loan if the business has 500 or fewer employees or the business meets the SBA employee-based size standards for the industry in which it operates (if applicable).   In addition, small business concerns (as defined in section 3 of the Small Business Act, 15 U.S.C. 632) are eligible even if they have more than 500 employees so long as they satisfy the existing statutory and regulatory definition of a “small business concern.” The FAQ also provides that a business can qualify for the Paycheck Protection Program as a small business concern if it meets both tests in SBA’s “alternative size standard” as of March 27, 2020: (1) maximum tangible net worth of the business is not more than $15 million; and (2) the average net income after federal income taxes (excluding any carry-over losses) of the business for the two full fiscal years before the date of the application is not more than $5 million. Separate from the FAQ issued by the U.S. Department of the Treasury, Treasury Secretary Steven Mnuchin stated today that he has spoken with congressional leaders to secure an additional $250 billion for the Paycheck Protection Program. Any additional funding will need to be approved by Congress. Continued guidance is expected from the Small Business Administration and the U.S. Department of the Treasury. We will keep you updated with any other developments regarding the Paycheck Protection Program.   Economic Injury Disaster Loan and the Emergency Grant:  While there has been much media focus on the Paycheck Protection Program, we want to acknowledge that the CARES Act also expands the SBA’s long-standing Economic Injury Disaster Loan (EIDL) program. The CARES Act allocates $10 billion to expand the EIDL program to businesses beyond previous size limits to include those with up to 500 employees, with some relaxed eligibility requirements. Additionally, in an effort to get money into the hands of small businesses as soon as possible, Section 1110 of the CARES Act authorizes an emergency grant to eligible businesses of up to $10,000.... Read More.

April 06 -- COVID-19 | Legal Update | 4.06.2020 April 03 -- The CARES Act 2020 Update : New SBA PPP Application & Guidelines April 03 -- Houston & Dallas Extend "Stay Home, Work Safe" Orders [Updated] April 02 -- City of Austin Accepts GA 14 Executive Order April 01 -- The Governor's Order Re: Commercial & Multifamily Construction March 31 -- Texas Governor Issues "Essential Services" Override | Support for Construction Industry March 31 -- Austin & Travis County Guidance on "Stay Home, Work Safe" Orders Conflict and Continue to Cause Confusion March 31 -- Mediation Can & Should Continue March 31 -- More Answers on the Emergency Paid Leave Act March 31 -- Federal Judge Halts Dallas Paid Sick Leave Ordinance March 31 -- Travel Restrictions Between Texas & Louisiana March 31 -- Frequently Asked COVID-19 Questions in CRE March 30 -- The CARES Act of 2020 Further Explained March 29 -- The CARES Act of 2020 March 27 -- UPDATE | Prepare To Provide Paid Sick Leave and FMLA March 25 -- City of Austin Memorandum Causing Confusion March 24 -- Stay Home, Work Safe March 24 -- Bankruptcy and Restructuring Options March 23 -- The Case for Not Triggering Force Majeure March 23 -- Managing Litigation Delays March 20 -- COVID-19 & the Market Decline: MAC? March 20 -- COVID-19 & the Real Estate Market March 19 -- Texas Governor Issues COVID-19 Executive Order March 19 -- Mechanic's Liens in the Time of Corona March 19 -- Trump Signs Law to Grant Paid Sick Leave March 17 -- CDC Guidelines & The Americans with Disabilities Act March 16 -- Coronavirus Employment Obligations March 13 -- COVID-19 & Force Majeure

Celebrating 30 Years in 2020 Founded in 1990, with offices in Houston and Austin, Andrews Myers, Attorneys at Law, is a corporate law firm and recognized market leader in Texas construction law.  The firm focuses on the concentrated disciplines of commercial litigation, construction, commercial real estate, corporate and business transactions, with additional emphasis on related issues including bankruptcy and insolvency, energy, employment and capital formation. A seasoned team of attorneys provides timely and cost-effective solutions to the most complex problems facing entrepreneurs and middle-market industry leaders throughout the state and the nation. For more information please visit www.andrewsmyers.com.