Subcontractor Default & Surety Performance

On large commercial, industrial, and energy projects in both the public and private sphere, general contractors may require those subcontractors performing significant scopes of...

Scope of Work

Few items in a construction contract are more important than a clear, well-defined scope of work that, in detail, outlines the work a contractor...
Spearin Doctrine

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...
Unpreventable employee misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense

Part 3 of 4: Self-Inspection By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In parts one and two of this four-part series addressing the...
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...

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...

OSHA Not Entitled To Review All Safety Audits

A federal district court has held that the Occupational Safety & Health Administration (OSHA) does not have authority to review an employer’s internal safety...

Crystalline Silica Proposal Presents Construction Challenges

OSHA’s long-awaited proposed standard to limit exposure to respirable crystalline silica in general industry, construction, and maritime operations was published in the September 12,...

Public-Private Partnerships

Public-private partnerships, also referred to as P3s, are an emerging alternative for public entities attempting to finance and execute improvements to public infrastructure in...

OSHA Forecast 2017

The dust has barely settled from the most contentious presidential election in history, and it is clear that big changes are in store for...