Resolving Delay Claims In Real Time

Delay damage claims can be difficult, time consuming, complex, and expensive. Some of this is the nature of the claims themselves. But another contributing...

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...

Workforce Development Assessment Tool

In the modern construction industry, finding and retaining a sufficient number of reliable, skilled workers proves to be an ongoing challenge faced by many...
OSHA citation

Does Settling an OSHA Citation Make Good Business Sense?

Shortly after issuing a citation to an employer, OSHA will often agree to reduce the penalty amount provided the employer agrees not to contest...
Contingent Payment Clauses: How to Make Them Viable

Contingent Payment Clauses: How to Make Them Viable

Many standard subcontracts contain what in construction parlance is referred to as a contingent payment clause, which provides that a subcontractor’s payment from a...

Worksite Safety

Creating a company culture with management leading the way By Anthony M. Kroese, Esq. One of the most difficult decisions any company leader can make is...

Deflate-gate, the False Claims Act, and Dishonest Competitors

I think the reason “deflate-gate” got so much press is that we, as Americans, believe in fairness in our sporting events. But there are...

Drone Usage

While historically the construction industry has generally been slow to adopt new technologies, of late it has shown an increasing—and necessary—acceptance of the use...

Avoid Lack of Privity

Express third-party beneficiary clauses By Alexis Hailpern and Danielle Waltz The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...
The benefit of mediating

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...