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...
woman in construction

Inclusion: A Critical Element for Workforce in Construction and Design

By Kristine A. Kubes A skilled workforce is an indispensable element of successful design and construction in the United States. Projects begin with the designs...

Owner Concerns

By Danielle Waltz and Patrick Estill The modern contractor is no stranger to dealing with increased building costs and delays in getting project inputs to...
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...

Avoid Fleet Management Nightmares

Construction companies and others who manage fleets of vehicles—whether delivery drivers, on-road equipment operators, sales personnel, or managers who travel between worksites using company...
difficult parties

Dealing with Difficult Parties on a Project

If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...

OSHA Tightens VPP Eligibility

OSHA’s longstanding, often-praised “Voluntary Protection Program” (VPP) recognizes employers and workers in both the private and federal sectors who implement effective safety and health...
Spearin Doctrine

The Spearin Doctrine Is 100 Years Old

Contractors are governed by the terms of their contracts, statutes, regulations, and case law. The contract can consist of the terms and conditions of the...

Federal Court Upholds OSHA’s Expansive Subpoena Power

The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...

Crystalline Silica Proposal Presents Construction Challenges

OSHA’s long-awaited proposed standard to limit exposure to respirable crystalline silica in general industry, construction, and maritime operations was published in the September 12,...