Unifying the Field
By William S. Thomas
Over 100 years ago, the U.S. Supreme Court decided the landmark Spearin case (248 U.S. 132 (U.S. 1918)), affirming a contractors’...
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...
OSHA AND WORKPLACE VIOLENCE
Mitigate Risk: Effective Strategies for Employers
By Justin Kaplan, Esq.
“Hey, how you doing?” engineer Joseph Scott asked coworker and fellow engineer DeWayne Craddock in the...
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...
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...
Sharing the Blame
One theory of construction contract law is that a construction contract is less about spelling out in detail each party’s specific rights and obligations...
Revised Cost-of-Work Agreement
ConsensusDocs has revised its short form agreement popular for small and medium-size projects.
The ConsensusDocs Coalition was founded in 2007 under the leadership of 20...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In the final part of this four-part series on the “unpreventable employee misconduct” defense to...
When to Stop Digging
In its recent “DIRT Report,” the Common Ground Alliance featured an interactive tool that showed sobering year-to-year statistics on the frequency of underground utility...
Building Blocks of Construction Contracts
This article highlights common, but often overlooked, terms routinely found in construction contracts. Understanding how each clause operates is critical to protecting your rights...