Documentation 101

Sometimes disputes are simply unavoidable. Whether addressed at the project level or through litigation, construction disputes often involve a series of interrelated, complex issues...

Formal Mediation

By Christopher S. Drewry Mediation can be a successful tool in resolving many different types of cases, but in the context of construction disputes utilizing...

Supervisor’s Misconduct Not Sufficient to Impute Liability

In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
Safety clothes

Defining Clothes

Supreme Court weighs in on payment for putting on protective gear It is rare that safety-related cases make it to the highest court of the...

Is Arbitration All It’s Cracked Up To Be?

In the late 1980s, early 1990s, alternative dispute resolution came on the scene and was all the rage as a means to effectively and...

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...
OSHA and The Trump Administration

OSHA and The Trump Administration: The First 200 Days

Any new presidential administration is likely to bring a new philosophy, vision, and focus to a variety of issues—including workplace safety and health. More...

When All Goes Awry

Something goes wrong—perhaps the collapse of a structure during construction, the serious injury of an employee on the job, or an accident with a...

Construction Ethics? You Bet!

Doctors, lawyers, and many other professionals are subject to specific codes of ethics that govern their performance and conduct. Architects and engineers are often...

Becoming Ethical: A Contractor’s Dilemma

In a recent article, I raised the issue of construction ethics. Specifically, how does the construction contractor act when faced with ethical dilemmas? Do...