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...
Dispute Resolution Clauses Are Out of Control!
I am often called upon to review contract documents on behalf of my contractor clients. In doing so, I have noticed a trend lately for...
Settlement Clauses – Buyer Beware
Contractors have claims on projects all the time. Contractors seek additional compensation and time extensions on projects for many legitimate reasons. Some owners have...
Liquidated Damages
“Liquidated damages”—the term strikes fear into the hearts of contractors. Liquidated damages, or LDs as they are often called, are monetary damages imposed by...
Labor Shortages Become Project Critical
In January of this year, the Associated Builders and Contractors (ABC) dropped a number that has reverberated across boardrooms and bid meetings alike: the...
OSHA in 2016: Not Exactly a Lame Duck!
As we roll into the final year of the Obama Administration, one might think that regulatory and other enforcement initiatives would slow down at...
Subcontractor Injuries
Determining Liability and the Responsible Party
By Thomas M. Buckley
In today’s legal landscape, contractors need to be on guard against claims for an injury to...
What to Do When the Contractor Is Asked to Become the...
On a traditional Design-Bid-Build job, the contractor’s primary role is to implement a design provided to it by the owner, which has typically used...
OSHA Expands “Reportable” Incidents in Final Rule
On September 18, 2014, OSHA published in the Federal Register a 60-page Final Rule changing requirements for Injury and Illness Recordkeeping and Reporting under...
OSHA Tightens VPP Eligibility
OSHA’s longstanding, often-praised “Voluntary Protection Program” (VPP) recognizes employers and workers in both the private and federal sectors who implement effective safety and health...