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...
What to Do When the Contractor Is Asked to Become the...
On a traditional Design-Bid-Build job, the contractor’s primary role is to implement a design provided to it by the owner, which has typically used...
Construction Defect Claims in the Concrete Industry: An Overview
By Thomas More Buckley
In an ideal world, proper and careful craftsmanship would be all that was needed to avoid claims for a construction defect....
Where-Oh-Where?
Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court.
Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...
Contract Language: Force Majeure Clause and its Definition
By Diana Parks
In the event COVID-19 takes a toll on the American workforce and directly affects U.S. construction projects, know what’s defined in your...
Labor and Employment Update
Employee Verification and the Newly Released I-9 Form
Labor and employment laws regularly intersect with the construction industry—whether you are dealing with employment issues such...
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...
Enforcement Begins on New Workplace Exam Rule
On October 1, 2018, enforcement began in earnest by the Mine Safety & Health Administration (MSHA) for its revised standard governing workplace examination requirements...
Design Build
The traditional method of project delivery consists of three distinct phases, design-bid-build, with a transition from one phase to the next only after “completion”...
Public Owner’s Duty to Act in Good Faith
Decision may be helpful for contractors dealing with government entities
Most contractors have worked on projects that were delayed for reasons outside their control. Many...









