[WSBARP] Construction as affected by the shut down order.

Tue Mar 24 12:11:52 PDT 2020

Workers necessary to install sanitary facilities or cooking facilities
appear to be exempt for that purpose.  I also agree with Mr. Benis'
analysis.  I just concluded a conference call between the Dept. of Health
and local governments, and the following example was used to illustrate:
FEMA and the state are in the process of acquiring motels to use for
emergency housing for those infected, and to do that they are engaging
contractors to install additional grab bars and other items to make the
units available for use by handicapped individuals; modifying HVAC systems
to provide negative pressure; and similar modifications.  All of the workers
necessary to perform these tasks, including the removal of waste and
construction debris, are exempt.  But making modifications for aesthetic
appeal are not.  

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Tim Knowling
Sent: Tuesday, March 24, 2020 11:09 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Construction as affected by the shut down order.

Our cabinet manufacturer asks the same question:  are they an essential
service since they support the construction industry?  Some of their
customers are without a kitchen or bath etc and need cabinets installed by
their contractors.    Is there an argument for them to keep manufacturing
and supplying cabinets to their customers?

Tim Knowling

LAW OFFICES OF TIMOTHY J. KNOWLING

1833 N 105th  Street      Suite 101

Seattle, WA  98133

O: 206-282-5630

F: 206-281-9032

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Chris B
Sent: Tuesday, March 24, 2020 10:58 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Construction as affected by the shut down order.

Most of my clients are property management companies, and we are taking the
position that maintenance type services (i.e., plumbers responding to broken
pipes and whatnot) are clearly in the exempt category, as are those working
in management offices, etc.

I think both fall within the exemptions you recite.

I think under the first category, the construction needs to be for essential
facilities or for emergency repairs.

I don't think it is a categorical exemption.

Chris Benis

Hecker, Wakefield & Feilberg, P.S.

321 First Avenue West, Seattle, WA  98119

206.447-1900 office - 206.447.9075 fax - www. heckerwakefield.com  

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[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Vincent DePillis
Sent: Tuesday, March 24, 2020 10:46 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Construction as affected by the shut down order.

Hi all-

Do you think that construction is categorically exempt under the list of
essential workers, or is it exempt only if it relates to an essential
function?   I think the former, but a number of contractors are taking the
latter position.  Here is the description of the exempt construction
workers:

Vincent B. DePillis

Real Property Law Group PLLC

1326 5TH Ave. Ste 654

Seattle, WA 98101

206.909.5655

vdepillis at rp-lawgroup.com <mailto:vdepillis at rp-lawgroup.com> 

Licensed in Washington.

From: wsbarp-bounces at lists.wsbarppt.com
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<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
scott at scottgthomaslaw.com <mailto:scott at scottgthomaslaw.com> 
Sent: Tuesday, March 24, 2020 10:26 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Dept of Treasury memo Financial Services sector

I don't read that memo in the same way.  Here is what Gov. Inslee has said:
https://coronavirus.wa.gov/sites/default/files/2020-03/EssentialCriticalInfr
astructureWorkers.pdf
<https://url.emailprotection.link/?bKPnR6iPoCIPIXDtUVS5No0Dtyj4n7iD9zEcgwDgt
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<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of nestor at pplsweb.com
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Sent: Tuesday, March 24, 2020 9:19 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Dept of Treasury memo Financial Services sector

I just received this. 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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