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...
Public Owner’s Duty to Act in Good Faith
Decision may be helpful for contractors dealing with government entities
Most contractors have worked on projects that were delayed for reasons outside their control. Many...
Subcontractor Injuries
Determining Liability and the Responsible Party
By Thomas M. Buckley
In today’s legal landscape, contractors need to be on guard against claims for an injury to...
Denied Comp Claim Leads To OSHA Visit
Nearly a third of OSHA inspections are triggered by employee complaints of various sorts. In some cases, investigators come to the worksite because a...
OSHA Proposes New Safety & Health Management Guidelines
OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...
Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...
When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
ASME B30 – Hoisting Your Crane Safety and Compliance Higher
OSHA will be the first to admit that its safety standards set forth “minimum” safety standards. In the most basic of terms, this means...
Commercially Useful Function
The Federal Government spends billions of dollars annually on infrastructure projects, including highway construction and reconstruction, approximately $40 billion of which goes to state...
Sharing the Blame
One theory of construction contract law is that a construction contract is less about spelling out in detail each party’s specific rights and obligations...
OSHA Expands “Reportable” Incidents in Final Rule
On September 18, 2014, OSHA published in the Federal Register a 60-page Final Rule changing requirements for Injury and Illness Recordkeeping and Reporting under...