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...

Do I Need An Expert Witness? How Do I Find One?

When contractors get involved in arbitration or litigation, a question that the contractor and its counsel will often have is whether an expert witness...
OSHA citation

Contesting an OSHA Citation

If you receive an OSHA citation, you need to make a decision relatively quickly on how to respond. One option is to immediately request...

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...

Avoid Lack of Privity

Express third-party beneficiary clauses By Alexis Hailpern and Danielle Waltz The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...

Who's The Boss?

Multi-employer worksites often cause headaches when it comes to OSHA enforcement activities. OSHA has a well-established doctrine, which creates four categories of employers who...

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...

Payment Remedies in Construction Contracts

Contractors typically have a number of powerful remedies to obtain payment for contracted construction services, either by forcing compliance with payment requests or elevating...

The Third-Party Plaintiff and the Certificate of Merit

An owner’s belief that there is a defect in the contractor’s work is a common source of construction disputes throughout the country. When such...

Crystalline Silica Proposal Presents Construction Challenges

OSHA’s long-awaited proposed standard to limit exposure to respirable crystalline silica in general industry, construction, and maritime operations was published in the September 12,...