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...

Standard of Care

By William S. Thomas These words by artist, architect, and designer Eero Saarinen—always design a thing by considering it in its next larger context—challenge modern...

Minority and Women-Owned Business Enterprises

Qualifications, certification process, and participation goals by state By Laura Colca Historically, the construction industry has been a Caucasian, male-dominated trade, from general contractors, to engineers,...

Federal Circuit’s Decision Fixes Good Faith and Fair Dealing

Now for some good news in government contracts law. On February 11, 2014, a three-judge panel of the Federal Circuit reversed the Court of...
Learning Curves & Lost Productivity Claims

Learning Curves & Lost Productivity Claims

By Christopher S. Drewry In construction, productivity is often viewed as manhours per unit of work—greater productivity means fewer manhours spent per unit of work....
Worker in a trench

Protection Liability

Vetting commercial general liability protection against construction defect claims There is nothing new about general contractors including terms in their subcontracts that require subcontractors to...

OSHA’s Silica Rule is Here: Are You Ready?

On March 25, 2016, the Occupational Safety & Health Administration (OSHA) published its long-awaited final rule (606 pgs) establishing a stand-alone standard governing occupational...

OSHA Tightens VPP Eligibility

OSHA’s longstanding, often-praised “Voluntary Protection Program” (VPP) recognizes employers and workers in both the private and federal sectors who implement effective safety and health...
OSHA

OSHA and Hazard Assessments: Electrical Hazards in the Workplace

OSHA requires that employers “instruct each employee in the recognition and avoidance of unsafe conditions” and the regulations applicable to the workplace “to control...

Weather Delays

A Few Tips on Entitlement and Quantification Just this past month, we had substantial rain that caused flooding in many areas throughout Middle Tennessee. As...