Pass-Through Agreements

Maximize chances for recovery By Christopher S. Drewry The shift of a project dispute into claim mode can significantly alter the dynamic of the project participants....

Employer Prevails in General Duty Clause Case

The Occupational Safety & Health Administration (OSHA) has a multitude of regulations to which concrete and construction contractors must adhere. Most of the construction...

Public-Private Partnerships

Public-private partnerships, also referred to as P3s, are an emerging alternative for public entities attempting to finance and execute improvements to public infrastructure in...

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...

OSHA Reform Legislation Heightens Enforcement Consequences

On March 22, 2013, Sen. Patty Murray (D-WA) and 10 other Senate democrats introduced S. 665, the “Protecting America’s Workers Act” (PAW Act). This...
OSHA citation

Does Settling an OSHA Citation Make Good Business Sense?

Shortly after issuing a citation to an employer, OSHA will often agree to reduce the penalty amount provided the employer agrees not to contest...

Do I Need An Expert Witness? How Do I Find One?

When contractors get involved in arbitration or litigation, a question that the contractor and its counsel will often have is whether an expert witness...

OSHA Focus is on Violation, Not Fatality

OSHA’s burden in a fatal accident case is not to prove that a violation caused a worker’s electrocution death, but to prove that it...

Investing in America

For more than a decade, I’ve covered the lack of skilled workers in the trades impacting productivity, profits, and projects across the nation. I’ve...
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...