Liquidated Damages Clauses Commonplace in Construction Contracts

Recent Texas Supreme Court case offers important industry wide lessons in enforceability Liquidated damages are well known within the construction industry. Typically, parties designate damages...
Licensing Concerns for Expanding Construction/Design Firms

Licensing Concerns for Expanding Construction/Design Firms

By Kristine A. Kubes, J.D.  Success in business is often commensurate with growth. But growth in construction and design is loaded up with risk, due...

Employers Face Big Changes Under New OSHA Rules

This year, OSHA is likely to engage in a series of far-reaching regulatory changes—from increased fines to stepped-up inspections—that could affect countless numbers of...

Construction Ethics? You Bet!

Doctors, lawyers, and many other professionals are subject to specific codes of ethics that govern their performance and conduct. Architects and engineers are often...

Are Broad Risk-Shifting Provisions Concerning Site Conditions Enforceable?

Contractors often bid projects based solely on information provided by owners and after only a limited site investigation. Yet, owners often use broad risk-shifting...

Formal Mediation

By Christopher S. Drewry Mediation can be a successful tool in resolving many different types of cases, but in the context of construction disputes utilizing...
OSHA

OSHA and Hazard Assessments: Electrical Hazards in the Workplace

OSHA requires that employers “instruct each employee in the recognition and avoidance of unsafe conditions” and the regulations applicable to the workplace “to control...

The Cost of Going Paperless

Tips for Managing Electronic Document Costs in Litigation When project claims are pursued in litigation, contractors are often blindsided by the costs associated with the...

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...

Building Costs and Legal Battles

Litigation surrounding the Trump administration’s tariff policies continues to dominate news cycles. Just recently, the U.S. Court of Appeals for the Federal Circuit heard...