U.S. Supreme Court: We Take Forum Selection Seriously, Even If It...

In the past, contractors may not have paid much attention to whether their contracts contained forum selection clauses to govern contractual disputes, but thanks...
Payment and Performance Bonds

Payment and Performance Bonds

As a matter of routine, on public projects contractors are required to obtain payment and performance bonds, often combined into one instrument, to guarantee...
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....
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...

The Right Routine for Subcontractors

It is late afternoon when a directive comes down from the superintendent: Handle this now. Your foreman has a crew standing by, the material...

Insurance Contract Terms

By Luke J. Farley and Dixie T. Wells One of the most important functions of a construction contract is to allocate risk between the parties....

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...
Worker in a trench

Protection Liability

Vetting commercial general liability protection against construction defect claims There is nothing new about general contractors including terms in their subcontracts that require subcontractors to...

OSHA in 2016: Not Exactly a Lame Duck!

As we roll into the final year of the Obama Administration, one might think that regulatory and other enforcement initiatives would slow down at...

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...