What is a Construction Defect?
This is a simple question with a complicated answer. Construction defects are one of the most common causes of disputes and litigation in the...
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...
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...
Workforce Development Assessment Tool
In the modern construction industry, finding and retaining a sufficient number of reliable, skilled workers proves to be an ongoing challenge faced by many...
A New Reality
In the past few years, the proliferation of drones has expanded exponentially. Once limited to a casual, amateur pastime activity, the use of drones...
OSHA Launches E-Recordkeeping Data Submission Platform
On August 1, 2017, OSHA went “live” with its data submission platform that certain employers will need to use when submitting their injury and...
GAO/COFC Bid Protest Splits
When filing bid protests, contractors have two choices outside of the agency itself: the Government Accountability Office (GAO) and the Court of Federal Claims...
“As-Built” Documents
By William S. Thomas
Current versions of the American Institute of Architects (AIA) family of contracts address responsibility for preparation of project documentation which reflects...
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...
OSHA’s Enterprise-Wide Abatement Policy Under Attack
Since 2010, the current OSHA administration has periodically sought to impose what it calls “enterprise-wide abatement” requirements as a term and condition of settling...









