OSHA’s Enterprise-Wide Abatement Policy Under Attack
Since 2010, the current OSHA administration has periodically sought to impose what it calls “enterprise-wide abatement” requirements as a term and condition of settling...
Drone Usage
Beneficial on projects—but they’re not toys
By Christopher Scott D’Angelo
Drones are used more and more in construction projects—whether for inspections, surveys, designs, monitoring, progress reports,...
Design Build
The traditional method of project delivery consists of three distinct phases, design-bid-build, with a transition from one phase to the next only after “completion”...
Have our Contracts Become too One-Sided?
Times have changed. We all recognize it. They have changed in the way we interact with people, in the way we do business, engage...
Federal Circuit’s Decision Fixes Good Faith and Fair Dealing
Now for some good news in government contracts law. On February 11, 2014, a three-judge panel of the Federal Circuit reversed the Court of...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In the final part of this four-part series on the “unpreventable employee misconduct” defense to...
Resolving Delay Claims In Real Time
Delay damage claims can be difficult, time consuming, complex, and expensive. Some of this is the nature of the claims themselves. But another contributing...
Home-Field Advantage
Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...
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...
Am I Covered?
Even the smallest project may include dozens of workers, complex and costly equipment, exacting requirements with little room for error, and potentially catastrophic risks...