Worker in a trench

Protection Liability

Vetting commercial general liability protection against construction defect claims There is nothing new about general contractors including terms in their subcontracts that require subcontractors to...

Misclassification of Workers Costs Employer in OSHA Inspection

When OSHA came to call at a Connecticut construction worksite, it did not end happily for the employer. Seven different violations of the OSH...
minimizing risk

Contracting to Minimize Risk

Most sophisticated parties want to avoid lawsuits because they understand that such disputes may be detrimental to a project and end up causing everyone...

Big Impacts

In March of this year, an unimaginable disaster unfolded in Baltimore Harbor as a massive cargo ship brought down the 47-year-old Francis Scott Key...

Negotiating Change Provisions, Change Orders, and Change Directives

The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...

Renewable Energy

By William S. Thomas In May 2021, the Biden Administration unveiled an aggressive agenda to curb carbon emissions created by the construction sector. The plan...

Feds Eye Effectiveness of State Workers’ Compensation Systems

A new report by the U.S. Department of Labor (DOL) highlights the ways in which monetary compensation and medical care for workers harmed in...

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...

Do I Need An Expert Witness? How Do I Find One?

When contractors get involved in arbitration or litigation, a question that the contractor and its counsel will often have is whether an expert witness...

Where-Oh-Where?

Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court. Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...