workplace violence

OSHA AND WORKPLACE VIOLENCE

Mitigate Risk: Effective Strategies for Employers By Justin Kaplan, Esq. “Hey, how you doing?” engineer Joseph Scott asked coworker and fellow engineer DeWayne Craddock in the...

What is a Construction Defect?

This is a simple question with a complicated answer. Construction defects are one of the most common causes of disputes and litigation in the...
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...
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...

Panacea or Pariah?

The ever-evolving construction industry landscape forces contractors, design-build firms, and design professionals to seek innovative ways to enhance efficiency, reduce costs, and remain competitive...
OSHA inspection

Preparing for an OSHA Inspection 101

When it comes to OSHA inspections, preparation is critical. Figuring out what to do (and who should do it) only after an inspector arrives...

Liquidated Damages Clauses Commonplace in Construction Contracts

Recent Texas Supreme Court case offers important industry wide lessons in enforceability Liquidated damages are well known within the construction industry. Typically, parties designate damages...

OSHA Whistleblower Prosecutions Rise

Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...
contract

Essential Construction Contract Terms

The importance of a well-crafted construction contract cannot be overstated. As Murphy’s Law states, if something can go wrong, it will. The best way...
Minimizing OSHA Liability

Minimizing OSHA Liability : More Than an Ounce of Prevention

OSHA penalties can be costly. In fact, a single “repeat” or “willful” violation can result in a penalty of $126,749. And, if you have...