Heat Stress Standard
There are hundreds of federal Occupational Safety and Health Administration (OSHA) regulations that apply to the construction industry, but you might be surprised to...
Avoid Lack of Privity
Express third-party beneficiary clauses
By Alexis Hailpern and Danielle Waltz
The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...
Innovative Materials
By Danielle Waltz & Alexis Hailpern
We live in an age of innovation where change in our environment creates change in technology and materials. While...
Unifying the Field
By William S. Thomas
Over 100 years ago, the U.S. Supreme Court decided the landmark Spearin case (248 U.S. 132 (U.S. 1918)), affirming a contractors’...
Are Broad Risk-Shifting Provisions Concerning Site Conditions Enforceable?
Contractors often bid projects based solely on information provided by owners and after only a limited site investigation. Yet, owners often use broad risk-shifting...
Insurance Contract Terms
By Luke J. Farley and Dixie T. Wells
One of the most important functions of a construction contract is to allocate risk between the parties....
Dispute Resolution Clauses Are Out of Control!
I am often called upon to review contract documents on behalf of my contractor clients. In doing so, I have noticed a trend lately for...
Shield Yourself from the Records Liability Gap
The rules of professional exposure have changed. What was once an institutional risk, absorbed by the organization, quietly settled with a fine, and managed...
How to Make a Bad Situation Worse
It is said that the definition of insanity is doing the same thing over and over, and expecting a different result. In a recent...
Managing an OSHA Inspection
Know your rights before, during, and after the visit
By Samantha Catone, Esq.
An unexpected visit from OSHA can be daunting and stressful. While many employers...









