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...
From Paper to Practice
In the realm of commercial construction, compliance with the Americans with Disabilities Act (ADA) is not just a legal obligation but a cornerstone of...
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...
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...
OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?
Since OSHA’s mission statement is “to assure safe and healthful working conditions for working men and women,” it’s no surprise that its enforcement authority...
The Spearin Doctrine Is 100 Years Old
Contractors are governed by the terms of their contracts, statutes, regulations, and case law.
The contract can consist of the terms and conditions of the...
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...
PELs Prosecution Raises Specter of Broader GDC Enforcement
For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...
OSHA Policy Gives Teeth to Temporary Worker Enforcement
On July 15, 2014, the Occupational Safety & Health Administration issued a policy document on its temporary worker initiative (TWI), which has now been...
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...