“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...
Tricks and Traps to Avoid With Factoring Companies
Factoring, as a form of commercial finance, has a long established history. It is, essentially, the business of buying accounts receivable at a discount—a...
OSHA Launches E-Recordkeeping Data Submission Platform
On August 1, 2017, OSHA went “live” with its data submission platform that certain employers will need to use when submitting their injury and...
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...
It’s Miller (Act) Time
No contractor wants a payment dispute, but they’re a fact of life for many construction professionals. Lien clams provide one of the most powerful...
Construction Management
Know what’s best when selecting the project delivery system
By Christopher S. Drewry
In today’s construction industry there are multiple delivery methods for projects. Often the...
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...
The Overlooked Edge
In construction disputes, proving damages often begins with a seemingly simple question: “What will it cost to fix?” Owners, developers, and their consultants routinely...
OSHA’s Enterprise-Wide Abatement Policy Under Attack
Since 2010, the current OSHA administration has periodically sought to impose what it calls “enterprise-wide abatement” requirements as a term and condition of settling...
Labor Shortages Become Project Critical
In January of this year, the Associated Builders and Contractors (ABC) dropped a number that has reverberated across boardrooms and bid meetings alike: the...