Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...
When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
Cost Escalation Clauses
By Luke J. Farley and Dixie T. Wells
The construction industry has been left scrambling due to materials shortages and volatile pricing brought on by...
Defining Clothes
Supreme Court weighs in on payment for putting on protective gear
It is rare that safety-related cases make it to the highest court of the...
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...
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...
Construction Ethics? You Bet!
Doctors, lawyers, and many other professionals are subject to specific codes of ethics that govern their performance and conduct. Architects and engineers are often...
Clause Order
The complexity of construction projects has increased over time—with a corresponding expansion of the contract documents utilized to build the job. With this expansion...
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...
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...
Blockchain Tech
By William S. Thomas
Although it has been around in concept since 1991, “Blockchain” is only now on the verge of becoming a household term,...









