The Spearin Doctrine Is 100 Years Old
Contractors are governed by the terms of their contracts, statutes, regulations, and case law.
The contract can consist of the terms and conditions of the...
Welcome to the Party: Risk Sharing in Construction Defect Disputes
Construction disputes can arise from virtually any aspect of the construction process, from scheduling to payment to alleged construction defects and completed work, and...
Construction Management
Know what’s best when selecting the project delivery system
By Christopher S. Drewry
In today’s construction industry there are multiple delivery methods for projects. Often the...
Contingent Payment Clauses: How to Make Them Viable
Many standard subcontracts contain what in construction parlance is referred to as a contingent payment clause, which provides that a subcontractor’s payment from a...
OSHA Interpretation Allows Union Reps on Non-Union Worksites
A new interpretative letter issued by the Occupational Safety & Health Administration (OSHA), dated February 21, 2013, but publicly released months later, has created...
Evaluation Disputes
By Nicholas T. Solosky
The Contract Disputes Act (CDA) creates the framework for handling “claims” against the government on Federal contracts. Contract claims most commonly...
Documentation 101
Sometimes disputes are simply unavoidable. Whether addressed at the project level or through litigation, construction disputes often involve a series of interrelated, complex issues...
PELs Prosecution Raises Specter of Broader GDC Enforcement
For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...
Drone Usage
Beneficial on projects—but they’re not toys
By Christopher Scott D’Angelo
Drones are used more and more in construction projects—whether for inspections, surveys, designs, monitoring, progress reports,...
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...








