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...
Unifying the Field
By William S. Thomas
Over 100 years ago, the U.S. Supreme Court decided the landmark Spearin case (248 U.S. 132 (U.S. 1918)), affirming a contractors’...
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...
Innovative Materials
By Danielle Waltz & Alexis Hailpern
We live in an age of innovation where change in our environment creates change in technology and materials. While...
How to Make a Bad Situation Worse
It is said that the definition of insanity is doing the same thing over and over, and expecting a different result. In a recent...
Building Costs and Legal Battles
Litigation surrounding the Trump administration’s tariff policies continues to dominate news cycles. Just recently, the U.S. Court of Appeals for the Federal Circuit heard...
Resolving Delay Claims In Real Time
Delay damage claims can be difficult, time consuming, complex, and expensive. Some of this is the nature of the claims themselves. But another contributing...
Supervisor’s Misconduct Not Sufficient to Impute Liability
In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
Owner Concerns
By Danielle Waltz and Patrick Estill
The modern contractor is no stranger to dealing with increased building costs and delays in getting project inputs to...
Look … Up in the Sky. It’s a Bird, It’s a...
In December 2018, it was revealed via a Freedom of Information Act (FOIA) request that on May 18, 2018, the Occupational Safety & Health...









