Supervisor’s Misconduct Not Sufficient to Impute Liability

In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
Worker in a trench

Protection Liability

Vetting commercial general liability protection against construction defect claims There is nothing new about general contractors including terms in their subcontracts that require subcontractors to...

Owner Concerns

By Danielle Waltz and Patrick Estill The modern contractor is no stranger to dealing with increased building costs and delays in getting project inputs to...

How to Save Money in a Construction Lawsuit

To avoid a lawsuit, general contractors use practical tips such as: 1) read and understand everything, 2) document everything—and keep it, 3) don’t do...

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...

Compensable Time

By Christopher Scott D'Angelo The U.S. Department of Labor (DOL) recently announced that it reached a settlement and the entry of a Consent Order with...

Negotiating Change Provisions, Change Orders, and Change Directives

The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...

OSHA Focus is on Violation, Not Fatality

OSHA’s burden in a fatal accident case is not to prove that a violation caused a worker’s electrocution death, but to prove that it...

OSHA Reform Legislation Heightens Enforcement Consequences

On March 22, 2013, Sen. Patty Murray (D-WA) and 10 other Senate democrats introduced S. 665, the “Protecting America’s Workers Act” (PAW Act). This...

What About Taxes?

By Christopher Scott D’Angelo In the July 2020 article, I focused on contractor responsibilities for operations and worksite safety relating to COVID-19 and the pandemic...