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...

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...

Critical Provisions

Pay-if-paid and pay-when-paid provisions and their legal effect can have critical consequences for contractors on construction projects when an owner becomes insolvent or fails...

Avoiding Transaction Pitfalls

Getting to the proverbial “closing table” is not as easy as it looks. Every commercial real estate transaction comes with ups and downs and...

Vicarious Liability for Sexual Harassment

It should come as no surprise that the brand of humor enjoyed by workers on many construction sites is not for the faint of...
Silica Rule

OSHA’s New Silica Rule Is At Risk … So Are...

On May 3, 2017, a coalition of construction industry associations formally petitioned the Occupational Safety & Health Administration (OSHA) to commence a limited reopening...

Employer Prevails in General Duty Clause Case

The Occupational Safety & Health Administration (OSHA) has a multitude of regulations to which concrete and construction contractors must adhere. Most of the construction...

Big Impacts

In March of this year, an unimaginable disaster unfolded in Baltimore Harbor as a massive cargo ship brought down the 47-year-old Francis Scott Key...
contract changes

Have our Contracts Become too One-Sided?

Times have changed. We all recognize it. They have changed in the way we interact with people, in the way we do business, engage...

Liquidated Damages Clauses Commonplace in Construction Contracts

Recent Texas Supreme Court case offers important industry wide lessons in enforceability Liquidated damages are well known within the construction industry. Typically, parties designate damages...