The Art of Mediation
Most modern construction contracts include some kind of dispute resolution provision. Because many in the construction industry favor arbitration in lieu of litigation, arbitration...
Contingency Funds
For contractors, there are three things in life that are certain—death, taxes, and unwelcomed surprises on their jobs. Surprises are often bad for the...
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...
Avoiding Transaction Pitfalls
Getting to the proverbial “closing table” is not as easy as it looks. Every commercial real estate transaction comes with ups and downs and...
Vicarious Liability for Sexual Harassment
It should come as no surprise that the brand of humor enjoyed by workers on many construction sites is not for the faint of...
OSHA’s New Silica Rule Is At Risk … So Are...
On May 3, 2017, a coalition of construction industry associations formally petitioned the Occupational Safety & Health Administration (OSHA) to commence a limited reopening...
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...
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...
Have our Contracts Become too One-Sided?
Times have changed. We all recognize it. They have changed in the way we interact with people, in the way we do business, engage...
Liquidated Damages Clauses Commonplace in Construction Contracts
Recent Texas Supreme Court case offers important industry wide lessons in enforceability
Liquidated damages are well known within the construction industry. Typically, parties designate damages...









