Contingent Payment Clauses: How to Make Them Viable
Many standard subcontracts contain what in construction parlance is referred to as a contingent payment clause, which provides that a subcontractor’s payment from a...
Federal Court Upholds OSHA’s Expansive Subpoena Power
The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...
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...
Change Orders
By Aman Kahlon
It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual...
Making Claims for Additional Money Under a Fixed Price Contract
When a contractor bids a fixed price job, it has to make a series of assumptions about what its direct costs to complete the...
GAO/COFC Bid Protest Splits
When filing bid protests, contractors have two choices outside of the agency itself: the Government Accountability Office (GAO) and the Court of Federal Claims...
OSHA’s Confined Space Rule Puts Pressure on Contractors
On May 4, 2015, OSHA released its long-pending 162-page final rule establishing a confined space standard for the construction industry. The rule, which takes...
Panacea or Pariah?
The ever-evolving construction industry landscape forces contractors, design-build firms, and design professionals to seek innovative ways to enhance efficiency, reduce costs, and remain competitive...
Managing Regulatory Risks
New Minnesota Laws Impose Sanctions
For larger contractors operating in several states, it is important to stay current on changing local labor laws. Minnesota, for...
OSHA Expands “Reportable” Incidents in Final Rule
On September 18, 2014, OSHA published in the Federal Register a 60-page Final Rule changing requirements for Injury and Illness Recordkeeping and Reporting under...









