Spearin Doctrine

The Spearin Doctrine Is 100 Years Old

Contractors are governed by the terms of their contracts, statutes, regulations, and case law. The contract can consist of the terms and conditions of the...

Welcome to the Party: Risk Sharing in Construction Defect Disputes

Construction disputes can arise from virtually any aspect of the construction process, from scheduling to payment to alleged construction defects and completed work, and...

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...
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...

OSHA Interpretation Allows Union Reps on Non-Union Worksites

A new interpretative letter issued by the Occupational Safety & Health Administration (OSHA), dated February 21, 2013, but publicly released months later, has created...

Evaluation Disputes

By Nicholas T. Solosky The Contract Disputes Act (CDA) creates the framework for handling “claims” against the government on Federal contracts. Contract claims most commonly...

Documentation 101

Sometimes disputes are simply unavoidable. Whether addressed at the project level or through litigation, construction disputes often involve a series of interrelated, complex issues...
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PELs Prosecution Raises Specter of Broader GDC Enforcement

For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...
Drone Usage Legality

Drone Usage

Beneficial on projects—but they’re not toys By Christopher Scott D’Angelo Drones are used more and more in construction projects—whether for inspections, surveys, designs, monitoring, progress reports,...
Delay Claim Preclusion

Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...

When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...