minimizing risk

Contracting to Minimize Risk

Most sophisticated parties want to avoid lawsuits because they understand that such disputes may be detrimental to a project and end up causing everyone...

Ebola: OSHA Gets Into The Act

For the past month or so, the lead story in every radio newscast and online report has involved the potential threat from the Ebola...
Contractor Designer

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...

Panacea or Pariah?

The ever-evolving construction industry landscape forces contractors, design-build firms, and design professionals to seek innovative ways to enhance efficiency, reduce costs, and remain competitive...

GAO/COFC Bid Protest Splits

When filing bid protests, contractors have two choices outside of the agency itself: the Government Accountability Office (GAO) and the Court of Federal Claims...

“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...
Employee Misconduct

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...

Construction Management

Know what’s best when selecting the project delivery system By Christopher S. Drewry In today’s construction industry there are multiple delivery methods for projects. Often the...

Widespread Failures

In September 2024, the panel investigating the 2017 fire in the Grenfell Tower in London, England, which killed 72, issued its final report, placing...

OSHA Whistleblower Prosecutions Rise

Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...