Report Targets OSHA Settlement Practices
On August 1, 2016, OSHA’s civil penalties increased by nearly 80 percent to a new high of $124,709 per violation (for willful and repeat...
When to Stop Digging
In its recent “DIRT Report,” the Common Ground Alliance featured an interactive tool that showed sobering year-to-year statistics on the frequency of underground utility...
Where-Oh-Where?
Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court.
Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...
OSHA Puts Construction Company Out of Business … Permanently!
You think you’re having a bad day when OSHA knocks on your door or shows up at your worksite, right? What about when OSHA...
Contingent Payment Clauses: How to Make Them Viable
Many standard subcontracts contain what in construction parlance is referred to as a contingent payment clause, which provides that a subcontractor’s payment from a...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
Part 3 of 4: Self-Inspection
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In parts one and two of this four-part series addressing the...
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...
Ransomware Alert
By Christopher Scott D’Angelo
Many contractors and other businesses do not even think about it and if they do, they think it is something only...
OSHA Emphasizing Corporate-Wide Settlement Agreements
It is no secret that the Occupational Safety & Health Administration (OSHA) is making it tougher to settle cases, at least on terms that...
Nailing AI
Artificial intelligence (AI) is becoming part of our daily lives, at work and at home. As the use of AI increases, so will various...