Contract Payment Provisions: A Primer for Prompt Payment
By Anthony M. Kroese, Esq.
Despite best-laid plans, a construction project can stall to a halt without a smooth payment process. Often construction contracts include...
Commercially Useful Function
The Federal Government spends billions of dollars annually on infrastructure projects, including highway construction and reconstruction, approximately $40 billion of which goes to state...
OSHRC Clarifies Criteria for Willful Violations
In a recent decision, the federal Occupational Safety & Health Review Commission (OSHRC) issued a decision reversing a judge’s ruling that had decreased the...
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....
Droning On
By Christopher S. Drewry and Jeffrey M. Kraft
Unmanned Aircraft Systems (UAS)—more commonly referred to as drones—have seen rapid growth in use across a variety...
Negotiating Change Provisions, Change Orders, and Change Directives
The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...
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...
Key Considerations in a Fixed-Price Construction Contract
Of the many concerns an owner must navigate during the pre-construction process, one of the most critical issues to be resolved is how the...
Does Settling an OSHA Citation Make Good Business Sense?
Shortly after issuing a citation to an employer, OSHA will often agree to reduce the penalty amount provided the employer agrees not to contest...
Confined Space Deaths Trigger GDC Litigation
A contractor recently succeeded, on appeal to the Occupational Safety & Health Review Commission (OSHRC), in getting a General Duty Clause citation issued in...