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...
When All Goes Awry
Something goes wrong—perhaps the collapse of a structure during construction, the serious injury of an employee on the job, or an accident with a...
Technology and the Law
Can Digital Signatures or Emails Be Used to Create a Valid Contract?
Last month, we addressed the question of whether there are limits to what...
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...
Heat Stress Standard
There are hundreds of federal Occupational Safety and Health Administration (OSHA) regulations that apply to the construction industry, but you might be surprised to...
Widespread Failures
In September 2024, the panel investigating the 2017 fire in the Grenfell Tower in London, England, which killed 72, issued its final report, placing...
Avoid Fleet Management Nightmares
Construction companies and others who manage fleets of vehicles—whether delivery drivers, on-road equipment operators, sales personnel, or managers who travel between worksites using company...
Consider a Red Team
Contractors seek out projects, bid and bargain for them, and once awarded, staff and manage them, close them out, then repeat the process. What...
Liquidated Damages Clauses Commonplace in Construction Contracts
Recent Texas Supreme Court case offers important industry wide lessons in enforceability
Liquidated damages are well known within the construction industry. Typically, parties designate damages...
Line of Defense
There are few things more crippling to the progress and budget of a project than a contractual default. Needless to say, the best preventive...