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...
Multi-Employer Worksite Policy
Most contractors and subcontractors understand that the federal Occupational Safety and Health Act (OSHA) requires virtually all employers to maintain safe workplaces for their...
Construction Ethics? You Bet!
Doctors, lawyers, and many other professionals are subject to specific codes of ethics that govern their performance and conduct. Architects and engineers are often...
A Detailed BIM Plan
Hstorically, the construction industry has been hesitant to embrace new technologies that move projects into the high tech/digitized world. This is so for many...
From Paper to Practice
In the realm of commercial construction, compliance with the Americans with Disabilities Act (ADA) is not just a legal obligation but a cornerstone of...
Pass-Through Agreements
Maximize chances for recovery
By Christopher S. Drewry
The shift of a project dispute into claim mode can significantly alter the dynamic of the project participants....
Confined Space Deaths Trigger GDC Litigation
A contractor recently succeeded, on appeal to the Occupational Safety & Health Review Commission (OSHRC), in getting a General Duty Clause citation issued in...
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...
Avoid Lack of Privity
Express third-party beneficiary clauses
By Alexis Hailpern and Danielle Waltz
The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...
Labor Shortages Become Project Critical
In January of this year, the Associated Builders and Contractors (ABC) dropped a number that has reverberated across boardrooms and bid meetings alike: the...