Liquidated Damages Clauses
Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...
Understanding Contract Payment Provisions
Payment terms and conditions are an important piece of every construction contract. Taking some time to understand your payment obligations will help you successfully...
Home-Field Advantage
Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...
The Colorado Decision
Currently, 23 states and the District of Columbia have legalized medical use of cannabis (some in all forms, other states have legalized CBD oil...
OSHA Proposes New Safety & Health Management Guidelines
OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...
OSHA’s PSM Standard
By Samantha Catone, Esq.
OSHA’s first Process Safety Management Program (PSM) was created in 1992 in response to a series of catastrophic incidents related to...
Contracting to Minimize Risk
Most sophisticated parties want to avoid lawsuits because they understand that such disputes may be detrimental to a project and end up causing everyone...
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...
Building Costs and Legal Battles
Litigation surrounding the Trump administration’s tariff policies continues to dominate news cycles. Just recently, the U.S. Court of Appeals for the Federal Circuit heard...
Understanding & Navigating a Performance Bond Default Situation
Most contractors deal with performance bonds on public jobs when they furnish a bond for the benefit of an owner. However, many contractors will...









