Though the COVID-19 pandemic now seems to be waning, it will have a long-lasting effect on the construction industry for some time to come. Government shutdowns, social distancing guidelines, temperature monitoring, and masking requirements are all becoming things of the past. But COVID-related issues linger in the construction industry, including delays, labor shortages, supply-chain disruptions and materials price escalation. The pandemic is now more than 2 years old. How will Pennsylvania courts handle COVID-related claims and defenses?

On March 13, 2020, President Donald Trump declared that the COVID-19 outbreak in the United States constituted a national emergency. A few days later, Gov. Tom Wolf issued a series of orders that had a direct effect on construction projects. On March 19, 2020, Wolf ordered all nonlife sustaining places of business to close. Construction was included in the list of activities that could not continue physical operations. The next day, construction activities were excepted if they involved emergency repairs or construction on health care facilities. On March 22, 2020, Mayor Jim Kenney signed an emergency order prohibiting non-essential business operations within the city of Philadelphia. Operators of nonlife-sustaining, nonemergency construction in Philadelphia had until 5 p.m. on March 27, 2020, to make construction sites safe and secure. In late April 2020, Wolf allowed certain construction activities to resume as of May 1, 2020, provided that those activities strictly adhere to the guidance of the Health Secretary.