The Overlooked Edge

In construction disputes, proving damages often begins with a seemingly simple question: “What will it cost to fix?” Owners, developers, and their consultants routinely...

Liquidated Damages Clauses

Where a contractor has been delayed by an owner (or by a third party for whom the owner is responsible), that contractor may be...

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...

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...

The Right Routine for Subcontractors

It is late afternoon when a directive comes down from the superintendent: Handle this now. Your foreman has a crew standing by, the material...

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...

New OSHA Injury/Illness Recordkeeping Mandates Are Here!

On May 12, 2016, OSHA published its final rule modernizing injury and illness (I/I) data collection and requiring that most OSHA-regulated employers submit their...

OSHA Whistleblower Prosecutions Rise

Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...
Minimizing OSHA Liability

Minimizing OSHA Liability : More Than an Ounce of Prevention

OSHA penalties can be costly. In fact, a single “repeat” or “willful” violation can result in a penalty of $126,749. And, if you have...

OSHA Releases Fall Protection Revisions for General Industry

On November 18, 2016, OSHA published a final rule on Walking-Working Surfaces and Personal Fall Protection Systems (29 CFR 1910 Subpart D&I) that takes...