Insurance Contract Terms
By Luke J. Farley and Dixie T. Wells
One of the most important functions of a construction contract is to allocate risk between the parties....
Labor Shortages Become Project Critical
In January of this year, the Associated Builders and Contractors (ABC) dropped a number that has reverberated across boardrooms and bid meetings alike: the...
Ransomware Alert
By Christopher Scott D’Angelo
Many contractors and other businesses do not even think about it and if they do, they think it is something only...
Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 2
Part 2 of 4: Effective Communication Methods
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In part one of the four-part series addressing the...
OSHA’s Confined Space Rule Puts Pressure on Contractors
On May 4, 2015, OSHA released its long-pending 162-page final rule establishing a confined space standard for the construction industry. The rule, which takes...
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...
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...
The Third-Party Plaintiff and the Certificate of Merit
An owner’s belief that there is a defect in the contractor’s work is a common source of construction disputes throughout the country. When such...
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...
Labor and Employment Update
Employee Verification and the Newly Released I-9 Form
Labor and employment laws regularly intersect with the construction industry—whether you are dealing with employment issues such...