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...
Learning Curves & Lost Productivity Claims

Learning Curves & Lost Productivity Claims

By Christopher S. Drewry In construction, productivity is often viewed as manhours per unit of work—greater productivity means fewer manhours spent per unit of work....

Consider a Red Team

Contractors seek out projects, bid and bargain for them, and once awarded, staff and manage them, close them out, then repeat the process. What...
Volks

Congress Overturns OSHA Recordkeeping Rule

On March 1, 2017, the U.S. House of Representatives passed a resolution of disapproval, under the Congressional Review Act, to block OSHA’s “Volks” rule....
Delay Claim Preclusion

Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...

When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
hot-tubbing

Everyone in the “Hot Tub”— Experts Only

More and more, we try to get creative with ways to resolve disputes. Years ago, the construction industry and construction lawyers realized that litigation...

Owner Concerns

By Danielle Waltz and Patrick Estill The modern contractor is no stranger to dealing with increased building costs and delays in getting project inputs to...

Liquidated Damages

“Liquidated damages”—the term strikes fear into the hearts of contractors. Liquidated damages, or LDs as they are often called, are monetary damages imposed by...

A Fine Line: What the Law Says About Contractor Delays to...

As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief,...
personnel

Who’s In Charge?

In planning a construction project, one of the first decisions an owner must make is deciding who should be hired to manage and oversee...