“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...
Negotiating Change Provisions, Change Orders, and Change Directives
The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...
Vicarious Liability for Sexual Harassment
It should come as no surprise that the brand of humor enjoyed by workers on many construction sites is not for the faint of...
Minority and Women-Owned Business Enterprises
Qualifications, certification process, and participation goals by state
By Laura Colca
Historically, the construction industry has been a Caucasian, male-dominated trade, from general contractors, to engineers,...
“Shoulda, Coulda, … OSHA-Style”
The Occupational Safety and Health Act defines what is needed for OSHA to prove a serious violation in court. The Act states: “a serious...
OSHA Unveils New HazCom Enforcement Procedures
Effective July 9, 2015, OSHA has taken a new stance on the enforcement of its Hazard Communication Standard (HCS). Publication of the final rule...
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...
The Design-Build “Bridging Period”
In the design-build project delivery method, some of the most consequential project decisions are made before the team signs the contract everyone assumes will...
Minimizing OSHA Liability : More Than an Ounce of Prevention
OSHA penalties can be costly. In fact, a single “repeat” or “willful” violation can result in a penalty of $126,749. And, if you have...
Federal Court Upholds OSHA’s Expansive Subpoena Power
The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...