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...
Federal Court Upholds OSHA’s Expansive Subpoena Power
The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...
Settlement Clauses – Buyer Beware
Contractors have claims on projects all the time. Contractors seek additional compensation and time extensions on projects for many legitimate reasons. Some owners have...
Contingency Funds
For contractors, there are three things in life that are certain—death, taxes, and unwelcomed surprises on their jobs. Surprises are often bad for the...
Protection Liability
Vetting commercial general liability protection against construction defect claims
There is nothing new about general contractors including terms in their subcontracts that require subcontractors to...
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...
OSHA Expands “Reportable” Incidents in Final Rule
On September 18, 2014, OSHA published in the Federal Register a 60-page Final Rule changing requirements for Injury and Illness Recordkeeping and Reporting under...
Delay Claim Damages: How Do You Prove Them?
Delay claims come in all different shapes and sizes. But, where a delay is compensable, one critical aspect of the ensuing claim is determining...
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...
The Signed Change Order
A common dispute handled by construction attorneys is the contractor or subcontractor attempting to recover for change order work when there is no written,...









