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...
Termination Decisions
By Aman Kahlon
Most construction contracts contain termination provisions of some kind. These provisions usually fall within two categories: (1) termination for default and (2)...
OSHA and Hazard Assessments: Electrical Hazards in the Workplace
OSHA requires that employers “instruct each employee in the recognition and avoidance of unsafe conditions” and the regulations applicable to the workplace “to control...
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...
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....
OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last
On November 18, 2016, the Occupational Safety & Health Administration (OSHA) issued its 513-page final rule modifying its requirements for walking-working surfaces (WWS), fall...
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,...
OSHA Focus is on Violation, Not Fatality
OSHA’s burden in a fatal accident case is not to prove that a violation caused a worker’s electrocution death, but to prove that it...
Enforcement Begins on New Workplace Exam Rule
On October 1, 2018, enforcement began in earnest by the Mine Safety & Health Administration (MSHA) for its revised standard governing workplace examination requirements...
Do I Need An Expert Witness? How Do I Find One?
When contractors get involved in arbitration or litigation, a question that the contractor and its counsel will often have is whether an expert witness...