Critical Provisions
Pay-if-paid and pay-when-paid provisions and their legal effect can have critical consequences for contractors on construction projects when an owner becomes insolvent or fails...
Tools of the Trade: Part 2 of 2
Read Part 1 Here
Arbitrations almost always arise out of contracts, further empowered through laws like the Federal Arbitration Act (FAA) or similar state statutory...
It’s Miller (Act) Time
No contractor wants a payment dispute, but they’re a fact of life for many construction professionals. Lien clams provide one of the most powerful...
Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...
When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
OSHA Proposes New Safety & Health Management Guidelines
OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...
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...
The Colorado Decision
Currently, 23 states and the District of Columbia have legalized medical use of cannabis (some in all forms, other states have legalized CBD oil...
OSHA Reform Legislation Heightens Enforcement Consequences
On March 22, 2013, Sen. Patty Murray (D-WA) and 10 other Senate democrats introduced S. 665, the “Protecting America’s Workers Act” (PAW Act). This...
Licensing Concerns for Expanding Construction/Design Firms
By Kristine A. Kubes, J.D.
Success in business is often commensurate with growth. But growth in construction and design is loaded up with risk, due...
Who's The Boss?
Multi-employer worksites often cause headaches when it comes to OSHA enforcement activities. OSHA has a well-established doctrine, which creates four categories of employers who...