workplace violence

OSHA AND WORKPLACE VIOLENCE

Mitigate Risk: Effective Strategies for Employers By Justin Kaplan, Esq. “Hey, how you doing?” engineer Joseph Scott asked coworker and fellow engineer DeWayne Craddock in the...

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...
OSHA citation

Contesting an OSHA Citation

If you receive an OSHA citation, you need to make a decision relatively quickly on how to respond. One option is to immediately request...
Unpreventable employee misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense

Part 3 of 4: Self-Inspection By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In parts one and two of this four-part series addressing the...

Subcontractor Default & Surety Performance

On large commercial, industrial, and energy projects in both the public and private sphere, general contractors may require those subcontractors performing significant scopes of...

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...

Scope of Work

Few items in a construction contract are more important than a clear, well-defined scope of work that, in detail, outlines the work a contractor...

Be Wary of Over-Reliance on AIA Form Contracts

The construction industry is full with complex, multi-faceted, and multi-party transactions that often feature heavily negotiated legal documents. Typically, each party involved, whether 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...

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...