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...

Construction Claims

By Aman Kahlon When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise....

Investing in America

For more than a decade, I’ve covered the lack of skilled workers in the trades impacting productivity, profits, and projects across the nation. I’ve...

Heat Stress Standard

There are hundreds of federal Occupational Safety and Health Administration (OSHA) regulations that apply to the construction industry, but you might be surprised to...
Contingent Payment Clauses: How to Make Them Viable

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...

Contractor’s Considerations When Addressing Dispute Resolution Provisions

Important considerations exist for contractors when negotiating contract terms pertaining to dispute resolution. In addition to litigation through court, other alternative dispute resolution options...

Report Targets OSHA Settlement Practices

On August 1, 2016, OSHA’s civil penalties increased by nearly 80 percent to a new high of $124,709 per violation (for willful and repeat...

Crane Operator Certification Relief May Be Coming

On February 10, 2014, the Occupational Safety & Health Administration (OSHA) published a proposed rule aimed at revising one of the more controversial provisions...
OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last

OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last

On November 18, 2016, the Occupational Safety & Health Administration (OSHA) issued its 513-page final rule modifying its requirements for walking-working surfaces (WWS), fall...
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...