When Lawyers Use Safety Rules Against You

Safety is always important to a responsible contractor. Concrete work in particular presents hazards including exposure to caustic cement materials and the use of...
BIM plan

A Detailed BIM Plan

Hstorically, the construction industry has been hesitant to embrace new technologies that move projects into the high tech/digitized world. This is so for many...

Avoiding Transaction Pitfalls

Getting to the proverbial “closing table” is not as easy as it looks. Every commercial real estate transaction comes with ups and downs and...

How to Make a Bad Situation Worse

It is said that the definition of insanity is doing the same thing over and over, and expecting a different result. In a recent...

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...
OSHA Silica Enforcement

OSHA Silica Enforcement Gathers Momentum

The first full year of OSHA’s enforcement of its new crystalline silica standard has been completed for the construction sector, and data is now...
Learning Curves & Lost Productivity Claims

Learning Curves & Lost Productivity Claims

By Christopher S. Drewry In construction, productivity is often viewed as manhours per unit of work—greater productivity means fewer manhours spent per unit of work....

OSHA’s Enterprise-Wide Abatement Policy Under Attack

Since 2010, the current OSHA administration has periodically sought to impose what it calls “enterprise-wide abatement” requirements as a term and condition of settling...

Price Escalation

Construction industry participants—from owners down to subcontractors and suppliers—have become all too familiar with dramatic increases in the price of certain construction materials since...
Employee Misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense

By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In the final part of this four-part series on the “unpreventable employee misconduct” defense to...