Inclusion: A Critical Element for Workforce in Construction and Design
By Kristine A. Kubes
A skilled workforce is an indispensable element of successful design and construction in the United States. Projects begin with the designs...
“As-Built” Documents
By William S. Thomas
Current versions of the American Institute of Architects (AIA) family of contracts address responsibility for preparation of project documentation which reflects...
Subcontractor Injuries
Determining Liability and the Responsible Party
By Thomas M. Buckley
In today’s legal landscape, contractors need to be on guard against claims for an injury to...
Deflate-gate, the False Claims Act, and Dishonest Competitors
I think the reason “deflate-gate” got so much press is that we, as Americans, believe in fairness in our sporting events. But there are...
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...
Widespread Failures
In September 2024, the panel investigating the 2017 fire in the Grenfell Tower in London, England, which killed 72, issued its final report, placing...
OSHA Reform Legislation Heightens Enforcement Consequences
On March 22, 2013, Sen. Patty Murray (D-WA) and 10 other Senate democrats introduced S. 665, the “Protecting America’s Workers Act” (PAW Act). This...
U.S. Supreme Court: We Take Forum Selection Seriously, Even If It...
In the past, contractors may not have paid much attention to whether their contracts contained forum selection clauses to govern contractual disputes, but thanks...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
Part 3 of 4: Self-Inspection
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In parts one and two of this four-part series addressing the...
Negotiating Change Provisions, Change Orders, and Change Directives
The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...









