Weather Delays

A Few Tips on Entitlement and Quantification Just this past month, we had substantial rain that caused flooding in many areas throughout Middle Tennessee. As...
Local Law 196

NYC Local Law 196: Coming to a Town or City Near...

Local Law 196 of 2017 was enacted in response to the increase in fatalities on construction sites in New York City (NYC). It amended...

Welcome to the Party: Risk Sharing in Construction Defect Disputes

Construction disputes can arise from virtually any aspect of the construction process, from scheduling to payment to alleged construction defects and completed work, and...
Change Orders

Change Orders Are Inevitable; Managing Them Effectively Is Not

For contractors, the normal instrument of change on a construction project is the “change order.” When entering into a contract to build or design/build...

Contractor Labor Law Compliance Under Congressional Scrutiny

A new report issued by the Senate Health, Education, Labor & Pension Committee’s (HELP), Acting Responsibly? Federal Contractors Frequently Put Workers’ Lives and Livelihoods...

A Fine Line: What the Law Says About Contractor Delays to...

As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief,...

Confined Space Deaths Trigger GDC Litigation

A contractor recently succeeded, on appeal to the Occupational Safety & Health Review Commission (OSHRC), in getting a General Duty Clause citation issued in...
settlement clauses

Settlement Clauses – Buyer Beware

Contractors have claims on projects all the time. Contractors seek additional compensation and time extensions on projects for many legitimate reasons. Some owners have...

OSHA Puts Construction Company Out of Business … Permanently!

You think you’re having a bad day when OSHA knocks on your door or shows up at your worksite, right? What about when OSHA...

Avoid Lack of Privity

Express third-party beneficiary clauses By Alexis Hailpern and Danielle Waltz The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...