Arbitration Expectations

By Aman Kahlon Arbitration is one of the preferred mechanisms of dispute resolution in the construction industry. Understanding how an arbitration will unfold is useful...
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...
Fixed Price Contract

Making Claims for Additional Money Under a Fixed Price Contract

When a contractor bids a fixed price job, it has to make a series of assumptions about what its direct costs to complete 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...

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,...
Delay Claim Preclusion

Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...

When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...

What’s the Risk?

Most construction professionals probably would not enter a contract if they were not absolutely certain what the work was, when it needed to be...

Report Targets OSHA Settlement Practices

On August 1, 2016, OSHA’s civil penalties increased by nearly 80 percent to a new high of $124,709 per violation (for willful and repeat...

Jobsite Harassment

By Anthony M. Kroese, Esq. and Christopher Maugans, Esq. The #MeToo movement and its widespread publicity of issues involving sexual harassment is transforming the way employers...

Artificial Intelligence

Few technological advances have been as transformative or controversial as artificial intelligence (AI). These pioneering technologies, ranging from autonomous machinery to predictive algorithms, are...