Change Orders
By Aman Kahlon
It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual...
Commercially Useful Function
The Federal Government spends billions of dollars annually on infrastructure projects, including highway construction and reconstruction, approximately $40 billion of which goes to state...
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...
Tips to Help Navigate Insurance on Projects
By Aman Kahlon
In the modern era, most construction contracts incorporate insurance requirements as a primary means to address the risk of unexpected occurrences that...
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,...
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,...
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 Proposes New Safety & Health Management Guidelines
OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...
Becoming Ethical: A Contractor’s Dilemma
In a recent article, I raised the issue of construction ethics. Specifically, how does the construction contractor act when faced with ethical dilemmas? Do...
Termination Decisions
By Aman Kahlon
Most construction contracts contain termination provisions of some kind. These provisions usually fall within two categories: (1) termination for default and (2)...









