When “Smart” Tools  Make Dumb Mistakes

The construction industry is embracing Artificial Intelligence (AI) tools and the effects are materializing. In a September 2025 analysis of survey data from over...
Minimizing OSHA Liability

Minimizing OSHA Liability : More Than an Ounce of Prevention

OSHA penalties can be costly. In fact, a single “repeat” or “willful” violation can result in a penalty of $126,749. And, if you have...
OSHA Silica Enforcement

OSHA Silica Enforcement Gathers Momentum

The first full year of OSHA’s enforcement of its new crystalline silica standard has been completed for the construction sector, and data is now...

OSHA in 2016: Not Exactly a Lame Duck!

As we roll into the final year of the Obama Administration, one might think that regulatory and other enforcement initiatives would slow down at...

Construction Claims

By Aman Kahlon When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise....

Cost Escalation Clauses

By Luke J. Farley and Dixie T. Wells  The construction industry has been left scrambling due to materials shortages and volatile pricing brought on by...

Be Wary of Over-Reliance on AIA Form Contracts

The construction industry is full with complex, multi-faceted, and multi-party transactions that often feature heavily negotiated legal documents. Typically, each party involved, whether the...

The Cost of Going Paperless

Tips for Managing Electronic Document Costs in Litigation When project claims are pursued in litigation, contractors are often blindsided by the costs associated with the...

Home-Field Advantage

Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...

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...