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...
Becoming Ethical: A Contractor’s Dilemma
In a recent article, I raised the issue of construction ethics. Specifically, how does the construction contractor act when faced with ethical dilemmas? Do...
Big Impacts
In March of this year, an unimaginable disaster unfolded in Baltimore Harbor as a massive cargo ship brought down the 47-year-old Francis Scott Key...
Escalation Clauses a Continued Necessity
As we embark on another year, we are buffeted by industry analysts’ trend reports assessing years past and providing forward-looking advice. Universally, these experts...
The Design-Build “Bridging Period”
In the design-build project delivery method, some of the most consequential project decisions are made before the team signs the contract everyone assumes will...
Concurrent Delays: What Are They and How Are They Addressed?
Delays in the completion of a construction project result in added expense and potential delay damages for both the owner and contractor. There also...
Public-Private Partnerships
Public-private partnerships, also referred to as P3s, are an emerging alternative for public entities attempting to finance and execute improvements to public infrastructure in...
Price Escalation
Construction industry participants—from owners down to subcontractors and suppliers—have become all too familiar with dramatic increases in the price of certain construction materials since...
OSHA Interviews: Understanding and Exercising Your Rights
Section 8(a) of the Occupational Safety and Health (OSH) Act of 1970 authorizes OSHA to inspect workplaces “during regular working hours and at other...
Employer Prevails in General Duty Clause Case
The Occupational Safety & Health Administration (OSHA) has a multitude of regulations to which concrete and construction contractors must adhere. Most of the construction...