Avoiding “Intentional Breach” of Construction Contracts
Most contractors are aware of the importance of avoiding so-called “material” breaches of their contracts—i.e., breaches that are significant enough to give the other...
Investing in America
For more than a decade, I’ve covered the lack of skilled workers in the trades impacting productivity, profits, and projects across the nation. I’ve...
Employer Prevails in General Duty Clause Case
The Occupational Safety & Health Administration (OSHA) has a multitude of regulations to which concrete and construction contractors must adhere. Most of the construction...
OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?
Since OSHA’s mission statement is “to assure safe and healthful working conditions for working men and women,” it’s no surprise that its enforcement authority...
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...
Contractor’s Considerations When Addressing Dispute Resolution Provisions
Important considerations exist for contractors when negotiating contract terms pertaining to dispute resolution. In addition to litigation through court, other alternative dispute resolution options...
The Third-Party Plaintiff and the Certificate of Merit
An owner’s belief that there is a defect in the contractor’s work is a common source of construction disputes throughout the country. When such...
Business Retooling
By Danielle Waltz and Alexis Hailpern
Although deemed an “essential business” by many states, the construction industry is evolving in conjunction with a pandemic and...
Standard of Care
By William S. Thomas
These words by artist, architect, and designer Eero Saarinen—always design a thing by considering it in its next larger context—challenge modern...
It’s Miller (Act) Time
No contractor wants a payment dispute, but they’re a fact of life for many construction professionals. Lien clams provide one of the most powerful...









