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...
Weather considerations

Planning for Weather Delays

As hurricane season is fast approaching for many states along the United States eastern seaboard and in the south, inclement weather will soon be...
Establish a Strong OSHA Defense Before an Inspector Shows Up

Establish a Strong OSHA Defense Before an Inspector Shows Up

In most instances, an OSHA inspector will arrive at your door unannounced. Among other things, the inspector will present his or her credentials, say...

Contract Payment Provisions: A Primer for Prompt Payment

By Anthony M. Kroese, Esq. Despite best-laid plans, a construction project can stall to a halt without a smooth payment process. Often construction contracts include...

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...

Workforce Development Assessment Tool

In the modern construction industry, finding and retaining a sufficient number of reliable, skilled workers proves to be an ongoing challenge faced by many...

Liquidated Damages Clauses

Where a contractor has been delayed by an owner (or by a third party for whom the owner is responsible), that contractor may be...

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...

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...

Technology and the Law

Can Digital Signatures or Emails Be Used to Create a Valid Contract? Last month, we addressed the question of whether there are limits to what...