Liquidated Damages Clauses
Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...
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...
How to Save Money in a Construction Lawsuit
To avoid a lawsuit, general contractors use practical tips such as: 1) read and understand everything, 2) document everything—and keep it, 3) don’t do...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In the final part of this four-part series on the “unpreventable employee misconduct” defense to...
Defining Clothes
Supreme Court weighs in on payment for putting on protective gear
It is rare that safety-related cases make it to the highest court of the...
OSHA Out of Luck Where Company Lacks “Employees”
Every now and then, I represent small companies in fighting citations issued by the Occupational Safety & Health Administration where OSHA jurisdiction becomes a...
Scope of Work
Few items in a construction contract are more important than a clear, well-defined scope of work that, in detail, outlines the work a contractor...
Price Escalation
Construction industry participants—from owners down to subcontractors and suppliers—have become all too familiar with dramatic increases in the price of certain construction materials since...
When to Stop Digging
In its recent “DIRT Report,” the Common Ground Alliance featured an interactive tool that showed sobering year-to-year statistics on the frequency of underground utility...
FinCEN Efforts
The Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury Department issued a notice to financial institutions on August 15, 2023, calling attention to...