Best Practices Relating to COVID-19

Best Practices Relating to COVID-19

April 24, 2020

Garcia & Milas has assembled this handout of Best Practices related to COVID-19* based on the latest updates, current methodologies, and best practices. This handout is intended for general application irrespective of the type of business you operate.

This information continues to evolve so if you have any questions or concerns, please call us for the most up to date information.  This flyer is informational only and does not constitute legal advice.

Your State and local authorities may have additional specific guidelines relating to essential and non-essential businesses; you should consult available on-line information on State and local websites on a regular basis as these guidelines are rapidly changing.

If you have questions or would like to determine how the suggestions discussed below may apply to your specific circumstances, please call or email us.

We suggest our clients implement the following best practices:


  • Follow the CDC guidelines at all times.

  • Implement the recommended social distancing.

  • Those employees who can work remotely should do so.

  • In-person meetings should be avoided as much as possible.  Where in-person gatherings occur, they should be limited to fewer than 10 people, and each attendee should have a mask covering their mouth and nose at all times and maintain a six-foot distance from other attendees.  All gatherings are discouraged when electronic or telephonic meetings can be held.

  • Job meetings will be conducted via conference call, zoom meeting, or other telephonic or electronic means to the greatest extent possible.

  • Stagger lunch times and breaks to minimize gatherings of employees, staff, and work crews and maintain social distancing.

  • Stagger and separate craft labor crews in the work environment to the greatest extent possible to maintain social distancing.

  • Additional hand washing stations and hand sanitizer will be available.

  • Reserve the right to limit individuals coming to the office or the job site and to direct visitors or suppliers to enter the premises in certain designated areas in order to control the flow and number of people at the office or on the job site.

  • Require all customers to wear cloth face coverings while on premises.  Reconsider requiring all customers to wear cloth face coverings for anyone for whom doing so would be contrary to his or her health or safety due to a medical condition or anyone under the age of two years old.

  • All employees and subcontractors must always practice good hygiene.  This means frequent handwashing, avoiding touching eyes, nose, mouth with unwashed hands, and maintaining social distancing by not congregating in large groups.

  • If an employee or subcontractor’s employees feel sick, that person is not to come to the office or the job site, and/or may be asked to leave.  If an employee feels sick, sick with fever, or is suspected or confirmed to have COVID-19, follow the Center for Disease Control and Prevention (“CDC”) recommended steps at

  • Deliver services remotely where practical.  Deliver products through curbside pick-up or delivery where practical.

  • If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality of the sick employee as required by state and federal law.  Fellow employee should then self-monitor for symptoms.


  • Frequently clean and disinfect all touch points (door handles, doorknobs, remote controls, tools, equipment, telephones, elevator buttons).

  • Prohibit workers from using other workers’ phones, desks, offices, or other work tools and equipment, when possible.  If shared, clean and disinfect equipment before and after use.

  • To disinfect surfaces, use products that meet EPA’s criteria for use against SARS-Cov-2 (


In the event that you feel that the COVID-19 pandemic has caused an excusable delay in your contract performance, you need to maintain sufficiently detailed records to prove that delay.  You will need to maintain records that:

  • Establish the existence of an excusable cause for delay,

  • Show that such cause actually contributed materially to such delay,

  • Establish the actual extent of the delay so caused, and

  • Show what efforts were made during such delays (by the use of employee overtime or other measures) to keep the work going.


  • Read and familiarize yourself with your contract.  You need to know if your contract has placed the responsibility and the resultant economic consequences of a pandemic to you, or the other party.  Does your contract contain a force majeure provision?  What does the force majeure provision say?  Does the contract state who assumed the risk of a pandemic or epidemic?  In the event or a pandemic or epidemic, does the contract state you will only get an extension of time, or more time and money?

  • Your contract may contain a notice requirement if there has been a delay.  Notice requirements must be followed.

  • Your contract may state who is responsible for worksite or workplace safety, as well as the responsibility for the safety of all employees or tradespeople at the site.  Know what is in your contract.

  • Review with your attorney and insurance agent your available business insurance policies, including commercial general liability, builder’s risk insurance, and business interruption policies for any provisions that may be relevant to COVID-19 related issues.


  • The best course of action is to follow the above-mentioned steps and take every reasonable precaution to keep people safe.  Maintain social distancing, provide PPE as the circumstances dictate, consider measuring employees’ temperatures before they enter the job site or office, send employees home if they feel sick are or symptomatic, follow local/state/federal government orders and recommendations regarding face masks, personal hygiene, and disinfection procedures.

*COVID-19 is a new virus as is the information pertaining to it. Best Practices are evolving and changing rapidly. Garcia & Milas stands ready, willing and able to respond to your requests for advice with the most current information.