Liquidated Damages Clauses

Where a contractor has been delayed by an owner (or by a third party for whom the owner is responsible), that contractor may be...

OSHA’s “Nudge” on Workplace Safety

In May 2016, the Occupational Health and Safety Administration (OSHA) published its Final Rule to Improve Tracking of Workplace Injuries and Illnesses. This rule...

Am I Covered?

Even the smallest project may include dozens of workers, complex and costly equipment, exacting requirements with little room for error, and potentially catastrophic risks...
Drones

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...
hot-tubbing

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...
Contractor’s Options in Response to Lower Tier Mechanic’s Liens

What Are the Contractor’s Options in Response to Lower Tier Mechanic’s...

For a contractor, knowing how to record a mechanic’s lien to secure its own payment upstream is one thing. However, knowing what to do...

OSHA Whistleblower Prosecutions Rise

Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...
Worker in a trench

Protection Liability

Vetting commercial general liability protection against construction defect claims There is nothing new about general contractors including terms in their subcontracts that require subcontractors to...
Texas

Texas is Open for Construction Business

If you look up into the sky in metro areas across Texas, you will find cranes busily working among the skyscrapers. There are also...

Get To The Point: Tips for Writing Cure and Termination Letters

All contractors are likely to have to write a cure or termination letter at some point. Unfortunately for the contractor, this need usually arises...