OSHA Puts Construction Company Out of Business … Permanently!

You think you’re having a bad day when OSHA knocks on your door or shows up at your worksite, right? What about when OSHA...
personnel

Who’s In Charge?

In planning a construction project, one of the first decisions an owner must make is deciding who should be hired to manage and oversee...

Home-Field Advantage

Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...
Silica Rule

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...

Minority and Women-Owned Business Enterprises

Qualifications, certification process, and participation goals by state By Laura Colca Historically, the construction industry has been a Caucasian, male-dominated trade, from general contractors, to engineers,...
OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last

OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last

On November 18, 2016, the Occupational Safety & Health Administration (OSHA) issued its 513-page final rule modifying its requirements for walking-working surfaces (WWS), fall...

Subcontractor Injuries

Determining Liability and the Responsible Party By Thomas M. Buckley In today’s legal landscape, contractors need to be on guard against claims for an injury to...
Claims and Defenses to the Owner’s Actions

Claims and Defenses to the Owner’s Actions

With many construction projects, it is an all too familiar scenario where the project is being delayed or impacted through the actions of the...
workers on scafolding

OSHA Out of Luck Where Company Lacks “Employees”

Every now and then, I represent small companies in fighting citations issued by the Occupational Safety & Health Administration where OSHA jurisdiction becomes a...
Establish a Strong OSHA Defense Before an Inspector Shows Up

Establish a Strong OSHA Defense Before an Inspector Shows Up

In most instances, an OSHA inspector will arrive at your door unannounced. Among other things, the inspector will present his or her credentials, say...