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...
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...
Critical Provisions
Pay-if-paid and pay-when-paid provisions and their legal effect can have critical consequences for contractors on construction projects when an owner becomes insolvent or fails...
Line of Defense
There are few things more crippling to the progress and budget of a project than a contractual default. Needless to say, the best preventive...
Victory for Insurance Policyholders
Contractors responding to construction defect claims often face a conundrum: to repair or not to repair. Early claims on projects may give contractors notice...
Multi-Employer Worksite Policy
Most contractors and subcontractors understand that the federal Occupational Safety and Health Act (OSHA) requires virtually all employers to maintain safe workplaces for their...
Confined Space Deaths Trigger GDC Litigation
A contractor recently succeeded, on appeal to the Occupational Safety & Health Review Commission (OSHRC), in getting a General Duty Clause citation issued in...
Get To The Point: Tips for Writing Cure and Termination Letters
All contractors are likely to have to write a cure or termination letter at some point. Unfortunately for the contractor, this need usually arises...
Contingent Payment Clauses: How to Make Them Viable
Many standard subcontracts contain what in construction parlance is referred to as a contingent payment clause, which provides that a subcontractor’s payment from a...
“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...