Confined Space Deaths Trigger GDC Litigation

A contractor recently succeeded, on appeal to the Occupational Safety & Health Review Commission (OSHRC), in getting a General Duty Clause citation issued in...

Be Wary of Over-Reliance on AIA Form Contracts

The construction industry is full with complex, multi-faceted, and multi-party transactions that often feature heavily negotiated legal documents. Typically, each party involved, whether the...
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...
Licensing Concerns for Expanding Construction/Design Firms

Licensing Concerns for Expanding Construction/Design Firms

By Kristine A. Kubes, J.D.  Success in business is often commensurate with growth. But growth in construction and design is loaded up with risk, due...

Labor Shortages Become Project Critical

In January of this year, the Associated Builders and Contractors (ABC) dropped a number that has reverberated across boardrooms and bid meetings alike: the...

Project Data Retention

Recent advances in technology make project data retention an increasingly difficult, expensive, and complex proposition. Cloud-based project management platforms, remote work environments, and digital...

Labor and Employment Update

Employee Verification and the Newly Released I-9 Form Labor and employment laws regularly intersect with the construction industry—whether you are dealing with employment issues such...
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...

Delay Issues

Since March, the COVID-19 pandemic has wreaked havoc on the United States and the rest of the world. Beyond the obvious health consequences and...
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...