Silica Rule

OSHA’s New Silica Rule Is At Risk … So Are...

On May 3, 2017, a coalition of construction industry associations formally petitioned the Occupational Safety & Health Administration (OSHA) to commence a limited reopening...

Avoiding Transaction Pitfalls

Getting to the proverbial “closing table” is not as easy as it looks. Every commercial real estate transaction comes with ups and downs and...
construction contract

Key Considerations in a Fixed-Price Construction Contract

Of the many concerns an owner must navigate during the pre-construction process, one of the most critical issues to be resolved is how the...

Feds Eye Effectiveness of State Workers’ Compensation Systems

A new report by the U.S. Department of Labor (DOL) highlights the ways in which monetary compensation and medical care for workers harmed in...

Are Broad Risk-Shifting Provisions Concerning Site Conditions Enforceable?

Contractors often bid projects based solely on information provided by owners and after only a limited site investigation. Yet, owners often use broad risk-shifting...

Cost Escalation Clauses

By Luke J. Farley and Dixie T. Wells  The construction industry has been left scrambling due to materials shortages and volatile pricing brought on by...
liquidated damages clauses

Liquidated Damages Clauses

Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...

Watch Your Language

Avoiding the High Costs of Delays Schedule delays, and their concomitant costs, are an unfortunate reality for many construction projects. For the project owner or...

Widespread Failures

In September 2024, the panel investigating the 2017 fire in the Grenfell Tower in London, England, which killed 72, issued its final report, placing...
Employee Misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense

By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In the final part of this four-part series on the “unpreventable employee misconduct” defense to...