OSHA & MSHA Penalties Significantly Raised
On July 1, 2016, the US Department of Labor (DOL) issued an interim final rule raising civil penalties by nearly 80 percent in some...
Innovative Materials
By Danielle Waltz & Alexis Hailpern
We live in an age of innovation where change in our environment creates change in technology and materials. While...
Navigating the Competitive Bid Process for Public Contracts
The bid process for a public construction project can be daunting for even the most sophisticated and savvy owners. Failing to adhere to state...
What Are the Contractor’s Options in Response to Lower Tier Mechanic’s...
For a contractor, knowing how to record a mechanic’s lien to secure its own payment upstream is one thing. However, knowing what to do...
OSHA in 2016: Not Exactly a Lame Duck!
As we roll into the final year of the Obama Administration, one might think that regulatory and other enforcement initiatives would slow down at...
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’s “Nudge” on Workplace Safety
In May 2016, the Occupational Health and Safety Administration (OSHA) published its Final Rule to Improve Tracking of Workplace Injuries and Illnesses. This rule...
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...
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...
Avoid Lack of Privity
Express third-party beneficiary clauses
By Alexis Hailpern and Danielle Waltz
The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...









