Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 1
Part 1 of 4: Contractor Work Rules
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
What is a contractor to do when, despite its...
Tools of the Trade: Part 1 of 2
Success in any construction project requires having the right tools for the job. While most construction industry professionals know the tools of their own...
Understanding & Navigating a Performance Bond Default Situation
Most contractors deal with performance bonds on public jobs when they furnish a bond for the benefit of an owner. However, many contractors will...
ASME B30 – Hoisting Your Crane Safety and Compliance Higher
OSHA will be the first to admit that its safety standards set forth “minimum” safety standards. In the most basic of terms, this means...
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...
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...
Scope of Work
Few items in a construction contract are more important than a clear, well-defined scope of work that, in detail, outlines the work a contractor...
How to Make a Bad Situation Worse
It is said that the definition of insanity is doing the same thing over and over, and expecting a different result. In a recent...
New OSHA Injury/Illness Recordkeeping Mandates Are Here!
On May 12, 2016, OSHA published its final rule modernizing injury and illness (I/I) data collection and requiring that most OSHA-regulated employers submit their...
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...