OSHRC Clarifies Criteria for Willful Violations
In a recent decision, the federal Occupational Safety & Health Review Commission (OSHRC) issued a decision reversing a judge’s ruling that had decreased the...
Critical Provisions
Pay-if-paid and pay-when-paid provisions and their legal effect can have critical consequences for contractors on construction projects when an owner becomes insolvent or fails...
Costs for the Contractor’s Acceleration of Work
Contractor delays may occur in maintaining the construction schedule milestones or in achieving the overall completion date, or more accurately, the date of substantial...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
Part 3 of 4: Self-Inspection
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In parts one and two of this four-part series addressing the...
OSHA and Hazard Assessments: Electrical Hazards in the Workplace
OSHA requires that employers “instruct each employee in the recognition and avoidance of unsafe conditions” and the regulations applicable to the workplace “to control...
Crane Operator Certification Relief May Be Coming
On February 10, 2014, the Occupational Safety & Health Administration (OSHA) published a proposed rule aimed at revising one of the more controversial provisions...
Consider a Red Team
Contractors seek out projects, bid and bargain for them, and once awarded, staff and manage them, close them out, then repeat the process. What...
Minimizing OSHA Liability : More Than an Ounce of Prevention
OSHA penalties can be costly. In fact, a single “repeat” or “willful” violation can result in a penalty of $126,749. And, if you have...
Claims and Defenses to the Owner’s Actions
With many construction projects, it is an all too familiar scenario where the project is being delayed or impacted through the actions 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...