Liquidated Damages Clauses
Where a contractor has been delayed by an owner (or by a third party for whom the owner is responsible), that contractor may be...
OSHA’s PSM Standard
By Samantha Catone, Esq.
OSHA’s first Process Safety Management Program (PSM) was created in 1992 in response to a series of catastrophic incidents related to...
Technology and the Law
Can Digital Signatures or Emails Be Used to Create a Valid Contract?
Last month, we addressed the question of whether there are limits to what...
Avoid Fleet Management Nightmares
Construction companies and others who manage fleets of vehicles—whether delivery drivers, on-road equipment operators, sales personnel, or managers who travel between worksites using company...
Emergency Preparedness
By Christopher Scott D’Angelo
OSHA sums emergency preparedness as follows: Emergencies and disasters can strike anywhere and at any time bringing workplace injuries and illnesses...
How to Make a Bad Situation Worse
It is said that the definition of insanity is doing the same thing over and over, and expecting a different result. In a recent...
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...
Navigating the Competitive Bid Process for Public Contracts
The bid process for a public construction project can be daunting for even the most sophisticated and savvy owners. Failing to adhere to state...
Avoiding “Intentional Breach” of Construction Contracts
Most contractors are aware of the importance of avoiding so-called “material” breaches of their contracts—i.e., breaches that are significant enough to give the other...
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...