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....
It’s Miller (Act) Time
No contractor wants a payment dispute, but they’re a fact of life for many construction professionals. Lien clams provide one of the most powerful...
Documentation 101
Sometimes disputes are simply unavoidable. Whether addressed at the project level or through litigation, construction disputes often involve a series of interrelated, complex issues...
Uncle Sam Wants YOU
The federal government is taking aim at occupational safety and health violations from a different perspective: criminal prosecution. On December 17, 2015, a joint...
Making Claims for Additional Money Under a Fixed Price Contract
When a contractor bids a fixed price job, it has to make a series of assumptions about what its direct costs to complete the...
Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 2
Part 2 of 4: Effective Communication Methods
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In part one of the four-part series addressing the...
Federal Circuit’s Decision Fixes Good Faith and Fair Dealing
Now for some good news in government contracts law. On February 11, 2014, a three-judge panel of the Federal Circuit reversed the Court of...
OSHA Not Entitled To Review All Safety Audits
A federal district court has held that the Occupational Safety & Health Administration (OSHA) does not have authority to review an employer’s internal safety...
Subcontractor Default & Surety Performance
On large commercial, industrial, and energy projects in both the public and private sphere, general contractors may require those subcontractors performing significant scopes of...
Pass-Through Agreements
Maximize chances for recovery
By Christopher S. Drewry
The shift of a project dispute into claim mode can significantly alter the dynamic of the project participants....