Becoming Ethical: A Contractor’s Dilemma

In a recent article, I raised the issue of construction ethics. Specifically, how does the construction contractor act when faced with ethical dilemmas? Do...

Federal Court Upholds OSHA’s Expansive Subpoena Power

The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...
settlement clauses

Settlement Clauses – Buyer Beware

Contractors have claims on projects all the time. Contractors seek additional compensation and time extensions on projects for many legitimate reasons. Some owners have...

Contingency Funds

For contractors, there are three things in life that are certain—death, taxes, and unwelcomed surprises on their jobs. Surprises are often bad for the...
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...

Emergency Preparedness

By Christopher Scott D’Angelo OSHA sums emergency preparedness as follows: Emergencies and disasters can strike anywhere and at any time bringing workplace injuries and illnesses...

OSHA Expands “Reportable” Incidents in Final Rule

On September 18, 2014, OSHA published in the Federal Register a 60-page Final Rule changing requirements for Injury and Illness Recordkeeping and Reporting under...

Delay Claim Damages: How Do You Prove Them?

Delay claims come in all different shapes and sizes. But, where a delay is compensable, one critical aspect of the ensuing claim is determining...
The benefit of mediating

The Art of Mediation

Most modern construction contracts include some kind of dispute resolution provision. Because many in the construction industry favor arbitration in lieu of litigation, arbitration...

The Signed Change Order

A common dispute handled by construction attorneys is the contractor or subcontractor attempting to recover for change order work when there is no written,...