U.S. Supreme Court: We Take Forum Selection Seriously, Even If It...

In the past, contractors may not have paid much attention to whether their contracts contained forum selection clauses to govern contractual disputes, but thanks...

OSHRC Clarifies Criteria for Willful Violations

In a recent decision, the federal Occupational Safety & Health Review Commission (OSHRC) issued a decision reversing a judge’s ruling that had decreased the...

Clause Order

The complexity of construction projects has increased over time—with a corresponding expansion of the contract documents utilized to build the job. With this expansion...

“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...

When to Stop Digging

In its recent “DIRT Report,” the Common Ground Alliance featured an interactive tool that showed sobering year-to-year statistics on the frequency of underground utility...
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...
settlement clauses

Settlement Clauses – Buyer Beware

Contractors have claims on projects all the time. Contractors seek additional compensation and time extensions on projects for many legitimate reasons. Some owners have...

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....

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...
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...