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...
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...
Do I Need An Expert Witness? How Do I Find One?
When contractors get involved in arbitration or litigation, a question that the contractor and its counsel will often have is whether an expert witness...
Nailing AI
Artificial intelligence (AI) is becoming part of our daily lives, at work and at home. As the use of AI increases, so will various...
OSHA’s Enterprise-Wide Abatement Policy Under Attack
Since 2010, the current OSHA administration has periodically sought to impose what it calls “enterprise-wide abatement” requirements as a term and condition of settling...
Learning Curves & Lost Productivity Claims
By Christopher S. Drewry
In construction, productivity is often viewed as manhours per unit of work—greater productivity means fewer manhours spent per unit of work....
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...
Standard of Care
By William S. Thomas
These words by artist, architect, and designer Eero Saarinen—always design a thing by considering it in its next larger context—challenge modern...
Dealing with Difficult Parties on a Project
If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...
Construction Management
Know what’s best when selecting the project delivery system
By Christopher S. Drewry
In today’s construction industry there are multiple delivery methods for projects. Often the...