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...
OSHA’s Silica Rule is Here: Are You Ready?
On March 25, 2016, the Occupational Safety & Health Administration (OSHA) published its long-awaited final rule (606 pgs) establishing a stand-alone standard governing occupational...
Dispute Resolution Clauses Are Out of Control!
I am often called upon to review contract documents on behalf of my contractor clients. In doing so, I have noticed a trend lately for...
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...
Renewable Energy
By William S. Thomas
In May 2021, the Biden Administration unveiled an aggressive agenda to curb carbon emissions created by the construction sector. The plan...
A New Reality
In the past few years, the proliferation of drones has expanded exponentially. Once limited to a casual, amateur pastime activity, the use of drones...
Dealing with Difficult Parties on a Project
If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...
Concurrent Delays: What Are They and How Are They Addressed?
Delays in the completion of a construction project result in added expense and potential delay damages for both the owner and contractor. There also...
The Cost of Going Paperless
Tips for Managing Electronic Document Costs in Litigation
When project claims are pursued in litigation, contractors are often blindsided by the costs associated with the...
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...