Public Owner’s Duty to Act in Good Faith

Decision may be helpful for contractors dealing with government entities Most contractors have worked on projects that were delayed for reasons outside their control. Many...

Crane Operator Certification Relief May Be Coming

On February 10, 2014, the Occupational Safety & Health Administration (OSHA) published a proposed rule aimed at revising one of the more controversial provisions...
workers on scafolding

OSHA Out of Luck Where Company Lacks “Employees”

Every now and then, I represent small companies in fighting citations issued by the Occupational Safety & Health Administration where OSHA jurisdiction becomes a...
contract changes

Have our Contracts Become too One-Sided?

Times have changed. We all recognize it. They have changed in the way we interact with people, in the way we do business, engage...

Liquidated Damages

“Liquidated damages”—the term strikes fear into the hearts of contractors. Liquidated damages, or LDs as they are often called, are monetary damages imposed by...
employee misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 2

Part 2 of 4: Effective Communication Methods By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In part one of the four-part series addressing the...

Emergency Preparedness

By Christopher Scott D’Angelo OSHA sums emergency preparedness as follows: Emergencies and disasters can strike anywhere and at any time bringing workplace injuries and illnesses...

Get To The Point: Tips for Writing Cure and Termination Letters

All contractors are likely to have to write a cure or termination letter at some point. Unfortunately for the contractor, this need usually arises...

Coordination and Cooperation

Generally speaking, every construction contract has an implied obligation that the parties won’t interfere with the work of others on a project. Sometimes, though,...

The Signed Change Order

A common dispute handled by construction attorneys is the contractor or subcontractor attempting to recover for change order work when there is no written,...