Who's The Boss?

Multi-employer worksites often cause headaches when it comes to OSHA enforcement activities. OSHA has a well-established doctrine, which creates four categories of employers who...

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 Releases Fall Protection Revisions for General Industry

On November 18, 2016, OSHA published a final rule on Walking-Working Surfaces and Personal Fall Protection Systems (29 CFR 1910 Subpart D&I) that takes...

Crystalline Silica Proposal Presents Construction Challenges

OSHA’s long-awaited proposed standard to limit exposure to respirable crystalline silica in general industry, construction, and maritime operations was published in the September 12,...

Design Build

The traditional method of project delivery consists of three distinct phases, design-bid-build, with a transition from one phase to the next only after “completion”...

Building Costs and Legal Battles

Litigation surrounding the Trump administration’s tariff policies continues to dominate news cycles. Just recently, the U.S. Court of Appeals for the Federal Circuit heard...
The benefit of mediating

The Art of Mediation

Most modern construction contracts include some kind of dispute resolution provision. Because many in the construction industry favor arbitration in lieu of litigation, arbitration...

Construction Defect Claims in the Concrete Industry: An Overview

By Thomas More Buckley In an ideal world, proper and careful craftsmanship would be all that was needed to avoid claims for a construction defect....

Don’t Borrow Trouble … or Scaffolds

A Georgia stucco contractor learned the hard way that borrowing another subcontractor’s defective scaffolds can result in some heavy OSHA penalties. In the July...

A Fine Line: What the Law Says About Contractor Delays to...

As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief,...