Weather Delays

A Few Tips on Entitlement and Quantification Just this past month, we had substantial rain that caused flooding in many areas throughout Middle Tennessee. As...

Tools of the Trade: Part 1 of 2

Success in any construction project requires having the right tools for the job. While most construction industry professionals know the tools of their own...
costs

Costs for the Contractor’s Acceleration of Work

Contractor delays may occur in maintaining the construction schedule milestones or in achieving the overall completion date, or more accurately, the date of substantial...

OSHA Focus is on Violation, Not Fatality

OSHA’s burden in a fatal accident case is not to prove that a violation caused a worker’s electrocution death, but to prove that it...
employee misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 2

Part 2 of 4: Effective Communication Methods By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In part one of the four-part series addressing the...
OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last

OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last

On November 18, 2016, the Occupational Safety & Health Administration (OSHA) issued its 513-page final rule modifying its requirements for walking-working surfaces (WWS), fall...
Local Law 196

NYC Local Law 196: Coming to a Town or City Near...

Local Law 196 of 2017 was enacted in response to the increase in fatalities on construction sites in New York City (NYC). It amended...
What Makes A Good or Bad Arbitrator?

What Makes A Good or Bad Arbitrator?

As a member of the construction industry, at some point during your career, you will likely engage in arbitration. Arbitration provisions are prevalent in...
OSHA citation

Contesting an OSHA Citation

If you receive an OSHA citation, you need to make a decision relatively quickly on how to respond. One option is to immediately request...
difficult parties

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...