Sharing the Blame
One theory of construction contract law is that a construction contract is less about spelling out in detail each party’s specific rights and obligations...
Contractor’s Considerations When Addressing Dispute Resolution Provisions
Important considerations exist for contractors when negotiating contract terms pertaining to dispute resolution. In addition to litigation through court, other alternative dispute resolution options...
Where-Oh-Where?
Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court.
Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...
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,...
Big Impacts
In March of this year, an unimaginable disaster unfolded in Baltimore Harbor as a massive cargo ship brought down the 47-year-old Francis Scott Key...
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...
Licensing Concerns for Expanding Construction/Design Firms
By Kristine A. Kubes, J.D.
Success in business is often commensurate with growth. But growth in construction and design is loaded up with risk, due...
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...
OSHA Out of Luck Where Company Lacks “Employees”
Every now and then, I represent small companies in fighting citations issued by the Occupational Safety & Health Administration where OSHA jurisdiction becomes a...
Dealing with Difficult Parties on a Project
If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...