When All Goes Awry
Something goes wrong—perhaps the collapse of a structure during construction, the serious injury of an employee on the job, or an accident with a...
Supervisor’s Misconduct Not Sufficient to Impute Liability
In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
Clause Order
The complexity of construction projects has increased over time—with a corresponding expansion of the contract documents utilized to build the job. With this expansion...
Employer Prevails in General Duty Clause Case
The Occupational Safety & Health Administration (OSHA) has a multitude of regulations to which concrete and construction contractors must adhere. Most of the construction...
OSHA Releases Fall Protection Revisions for General Industry
On November 18, 2016, OSHA published a final rule on Walking-Working Surfaces and Personal Fall Protection Systems (29 CFR 1910 Subpart D&I) that takes...
OSHA’s Enterprise-Wide Abatement Policy Under Attack
Since 2010, the current OSHA administration has periodically sought to impose what it calls “enterprise-wide abatement” requirements as a term and condition of settling...
Managing Regulatory Risks
New Minnesota Laws Impose Sanctions
For larger contractors operating in several states, it is important to stay current on changing local labor laws. Minnesota, for...
What is a Construction Defect?
This is a simple question with a complicated answer. Construction defects are one of the most common causes of disputes and litigation in the...
Contract Payment Provisions: A Primer for Prompt Payment
By Anthony M. Kroese, Esq.
Despite best-laid plans, a construction project can stall to a halt without a smooth payment process. Often construction contracts include...
Federal Circuit’s Decision Fixes Good Faith and Fair Dealing
Now for some good news in government contracts law. On February 11, 2014, a three-judge panel of the Federal Circuit reversed the Court of...