OSHRC Clarifies Criteria for Willful Violations
In a recent decision, the federal Occupational Safety & Health Review Commission (OSHRC) issued a decision reversing a judge’s ruling that had decreased the...
When “Smart” Tools Make Dumb Mistakes
The construction industry is embracing Artificial Intelligence (AI) tools and the effects are materializing. In a September 2025 analysis of survey data from over...
Escalation Clauses a Continued Necessity
As we embark on another year, we are buffeted by industry analysts’ trend reports assessing years past and providing forward-looking advice. Universally, these experts...
Sharing the Blame
One theory of construction contract law is that a construction contract is less about spelling out in detail each party’s specific rights and obligations...
Is Arbitration All It’s Cracked Up To Be?
In the late 1980s, early 1990s, alternative dispute resolution came on the scene and was all the rage as a means to effectively and...
What to Do When the Contractor Is Asked to Become the...
On a traditional Design-Bid-Build job, the contractor’s primary role is to implement a design provided to it by the owner, which has typically used...
Contractor Beware
Timely and effective communications among the project owner, contractors, and others are hallmarks of successful construction projects. Nearly every contract will be amended to...
Tools of the Trade: Part 2 of 2
Read Part 1 Here
Arbitrations almost always arise out of contracts, further empowered through laws like the Federal Arbitration Act (FAA) or similar state statutory...
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...
Dispute Resolution Clauses Are Out of Control!
I am often called upon to review contract documents on behalf of my contractor clients. In doing so, I have noticed a trend lately for...