What Makes A Good or Bad Arbitrator?
As a member of the construction industry, at some point during your career, you will likely engage in arbitration. Arbitration provisions are prevalent in...
Formal Mediation
By Christopher S. Drewry
Mediation can be a successful tool in resolving many different types of cases, but in the context of construction disputes utilizing...
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...
PELs Prosecution Raises Specter of Broader GDC Enforcement
For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...
OSHA’s Confined Space Rule Puts Pressure on Contractors
On May 4, 2015, OSHA released its long-pending 162-page final rule establishing a confined space standard for the construction industry. The rule, which takes...
Delay Claim Damages: How Do You Prove Them?
Delay claims come in all different shapes and sizes. But, where a delay is compensable, one critical aspect of the ensuing claim is determining...
Tools of the Trade: Part 2 of 2
Read Part 1 Here
Arbitrations almost always arise out of contracts, further empowered through laws like the Federal Arbitration Act (FAA) or similar state statutory...
The Spearin Doctrine Is 100 Years Old
Contractors are governed by the terms of their contracts, statutes, regulations, and case law.
The contract can consist of the terms and conditions of the...
The Design-Build “Bridging Period”
In the design-build project delivery method, some of the most consequential project decisions are made before the team signs the contract everyone assumes will...
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...