Line of Defense
There are few things more crippling to the progress and budget of a project than a contractual default. Needless to say, the best preventive...
Victory for Insurance Policyholders
Contractors responding to construction defect claims often face a conundrum: to repair or not to repair. Early claims on projects may give contractors notice...
“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...
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,...
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...
Ebola: OSHA Gets Into The Act
For the past month or so, the lead story in every radio newscast and online report has involved the potential threat from the Ebola...
Price Escalation
Construction industry participants—from owners down to subcontractors and suppliers—have become all too familiar with dramatic increases in the price of certain construction materials since...
Q Is for Concrete
A summary of OSHA regulations governing concrete construction
Concrete and masonry construction is covered under the Occupational Safety and Health Act (OSHA) under what is...
Jobsite Harassment
By Anthony M. Kroese, Esq. and Christopher Maugans, Esq.
The
#MeToo movement and its widespread publicity of issues involving sexual harassment
is transforming the way employers...
Negotiating Change Provisions, Change Orders, and Change Directives
The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...