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...

Contractor Labor Law Compliance Under Congressional Scrutiny

A new report issued by the Senate Health, Education, Labor & Pension Committee’s (HELP), Acting Responsibly? Federal Contractors Frequently Put Workers’ Lives and Livelihoods...
Contractor’s Options in Response to Lower Tier Mechanic’s Liens

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...

Escalation Clauses a Continued Necessity

As we embark on another year, we are buffeted by industry analysts’ trend reports assessing years past and providing forward-looking advice. Universally, these experts...
Unpreventable employee misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 1

Part 1 of 4: Contractor Work Rules By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. What is a contractor to do when, despite its...
Contractor Designer

What to Do When the Contractor Is Asked to Become the...

On a traditional Design-Bid-Build job, the contractor’s primary role is to implement a design provided to it by the owner, which has typically used...

Project Schedules

Being able to recreate to isolate specific events By Aman Kahlon Despite many construction disputes centering around schedule delays, maintenance and updating construction schedules remains one...
difficult parties

Dealing with Difficult Parties on a Project

If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...

Sharing the Blame

One theory of construction contract law is that a construction contract is less about spelling out in detail each party’s specific rights and obligations...

OSHRC Clarifies Criteria for Willful Violations

In a recent decision, the federal Occupational Safety & Health Review Commission (OSHRC) issued a decision reversing a judge’s ruling that had decreased the...