Termination Decisions

By Aman Kahlon Most construction contracts contain termination provisions of some kind. These provisions usually fall within two categories: (1) termination for default and (2)...

OSHA Whistleblower Prosecutions Rise

Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...

You Gotta Fight… for Your Right… to Early Completion

In Gilchrist Constr. Co., LLC v. Louisiana Dep’t of Trans. and Dev., a Louisiana appellate court recently confirmed that a contractor was able to...

OSHA Policy Gives Teeth to Temporary Worker Enforcement

On July 15, 2014, the Occupational Safety & Health Administration issued a policy document on its temporary worker initiative (TWI), which has now been...

Weather Delays

A Few Tips on Entitlement and Quantification Just this past month, we had substantial rain that caused flooding in many areas throughout Middle Tennessee. As...

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...
Contingent Payment Clauses: How to Make Them Viable

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...

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...
America looking out for its workers with OSHA.

Uncle Sam Wants YOU

The federal government is taking aim at occupational safety and health violations from a different perspective: criminal prosecution. On December 17, 2015, a joint...

OSHA Interpretation Allows Union Reps on Non-Union Worksites

A new interpretative letter issued by the Occupational Safety & Health Administration (OSHA), dated February 21, 2013, but publicly released months later, has created...