OSHA’s “Nudge” on Workplace Safety

In May 2016, the Occupational Health and Safety Administration (OSHA) published its Final Rule to Improve Tracking of Workplace Injuries and Illnesses. This rule...
Delay Claim Preclusion

Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...

When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
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...

Get To The Point: Tips for Writing Cure and Termination Letters

All contractors are likely to have to write a cure or termination letter at some point. Unfortunately for the contractor, this need usually arises...

Weather Delays

A Few Tips on Entitlement and Quantification Just this past month, we had substantial rain that caused flooding in many areas throughout Middle Tennessee. As...

Ebola: OSHA Gets Into The Act

For the past month or so, the lead story in every radio newscast and online report has involved the potential threat from the Ebola...

Liquidated Damages Clauses

Where a contractor has been delayed by an owner (or by a third party for whom the owner is responsible), that contractor may be...

Tools of the Trade: Part 1 of 2

Success in any construction project requires having the right tools for the job. While most construction industry professionals know the tools of their own...

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...

The Overlooked Edge

In construction disputes, proving damages often begins with a seemingly simple question: “What will it cost to fix?” Owners, developers, and their consultants routinely...