Home-Field Advantage
Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...
“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...
OSHA Policy Gives Teeth to Temporary Worker Enforcement
On July 15, 2014, the Occupational Safety & Health Administration issued a policy document on its temporary worker initiative (TWI), which has now been...
Costs for the Contractor’s Acceleration of Work
Contractor delays may occur in maintaining the construction schedule milestones or in achieving the overall completion date, or more accurately, the date of substantial...
Planning for Weather Delays
As hurricane season is fast approaching for many states along the United States eastern seaboard and in the south, inclement weather will soon be...
Contract Payment Provisions: A Primer for Prompt Payment
By Anthony M. Kroese, Esq.
Despite best-laid plans, a construction project can stall to a halt without a smooth payment process. Often construction contracts include...
How Your Voluntary Safety Audits Can Help (or Hurt) When OSHA...
Voluntary safety and health self-audits can be a critical part of any company’s regulatory compliance efforts—as well as further the overall goal of creating...
Recovering Delay Damages Despite Timely Completion
Construction projects frequently encounter delays to the work. A delay which is compensable to a contractor is one that was not anticipated when the...
Change Orders
By Aman Kahlon
It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual...
OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last
On November 18, 2016, the Occupational Safety & Health Administration (OSHA) issued its 513-page final rule modifying its requirements for walking-working surfaces (WWS), fall...









