Intentional Breach

Avoiding “Intentional Breach” of Construction Contracts

Most contractors are aware of the importance of avoiding so-called “material” breaches of their contracts—i.e., breaches that are significant enough to give the other...

Investing in America

For more than a decade, I’ve covered the lack of skilled workers in the trades impacting productivity, profits, and projects across the nation. I’ve...

Employer Prevails in General Duty Clause Case

The Occupational Safety & Health Administration (OSHA) has a multitude of regulations to which concrete and construction contractors must adhere. Most of the construction...
multi-employer citation policy

OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?

Since OSHA’s mission statement is “to assure safe and healthful working conditions for working men and women,” it’s no surprise that its enforcement authority...
mine safety

Enforcement Begins on New Workplace Exam Rule

On October 1, 2018, enforcement began in earnest by the Mine Safety & Health Administration (MSHA) for its revised standard governing workplace examination requirements...

Contractor’s Considerations When Addressing Dispute Resolution Provisions

Important considerations exist for contractors when negotiating contract terms pertaining to dispute resolution. In addition to litigation through court, other alternative dispute resolution options...

The Third-Party Plaintiff and the Certificate of Merit

An owner’s belief that there is a defect in the contractor’s work is a common source of construction disputes throughout the country. When such...

Business Retooling

By Danielle Waltz and Alexis Hailpern Although deemed an “essential business” by many states, the construction industry is evolving in conjunction with a pandemic and...

Standard of Care

By William S. Thomas These words by artist, architect, and designer Eero Saarinen—always design a thing by considering it in its next larger context—challenge modern...

It’s Miller (Act) Time

No contractor wants a payment dispute, but they’re a fact of life for many construction professionals. Lien clams provide one of the most powerful...