Freedom to Contract
Are There Limits to What Can Be Included in a Construction Contract?
When reviewing a construction contract, the primary goal is to make sure the...
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,...
Congress Overturns OSHA Recordkeeping Rule
On March 1, 2017, the U.S. House of Representatives passed a resolution of disapproval, under the Congressional Review Act, to block OSHA’s “Volks” rule....
Worker Shortage
Since the emergence of COVID-19 two-and-a-half years ago, the unpredicted consequences of the pandemic continue to affect nearly every industry in the United States,...
Insurance Contract Terms
By Luke J. Farley and Dixie T. Wells
One of the most important functions of a construction contract is to allocate risk between the parties....
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...
Escalation Clauses a Continued Necessity
As we embark on another year, we are buffeted by industry analysts’ trend reports assessing years past and providing forward-looking advice. Universally, these experts...
Liquidated Damages Clauses
Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...
OSHA Launches E-Recordkeeping Data Submission Platform
On August 1, 2017, OSHA went “live” with its data submission platform that certain employers will need to use when submitting their injury and...
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...









