Costs for the Contractor’s Acceleration of Work
Contractor delays may occur in maintaining the construction schedule milestones or in achieving the overall completion date, or more accurately, the date of substantial...
Avoiding “Intentional Breach” of Construction Contracts
Most contractors are aware of the importance of avoiding so-called “material” breaches of their contracts—i.e., breaches that are significant enough to give the other...
Public-Private Partnerships
Public-private partnerships, also referred to as P3s, are an emerging alternative for public entities attempting to finance and execute improvements to public infrastructure in...
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...
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...
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...
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 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...
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...
Negotiating Change Provisions, Change Orders, and Change Directives
The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...