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...
OSHA citation

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...

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...

Escalation Clauses a Continued Necessity

As we embark on another year, we are buffeted by industry analysts’ trend reports assessing years past and providing forward-looking advice. Universally, these experts...

Be Wary of Over-Reliance on AIA Form Contracts

The construction industry is full with complex, multi-faceted, and multi-party transactions that often feature heavily negotiated legal documents. Typically, each party involved, whether the...

How to Make a Bad Situation Worse

It is said that the definition of insanity is doing the same thing over and over, and expecting a different result. In a recent...

OSHA Focus is on Violation, Not Fatality

OSHA’s burden in a fatal accident case is not to prove that a violation caused a worker’s electrocution death, but to prove that it...
clauses

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...
OSHA and The Trump Administration

OSHA and The Trump Administration: The First 200 Days

Any new presidential administration is likely to bring a new philosophy, vision, and focus to a variety of issues—including workplace safety and health. More...
hot-tubbing

Everyone in the “Hot Tub”— Experts Only

More and more, we try to get creative with ways to resolve disputes. Years ago, the construction industry and construction lawyers realized that litigation...