Establish a Strong OSHA Defense Before an Inspector Shows Up

Establish a Strong OSHA Defense Before an Inspector Shows Up

In most instances, an OSHA inspector will arrive at your door unannounced. Among other things, the inspector will present his or her credentials, say...

Construction Defect Claims in the Concrete Industry: An Overview

By Thomas More Buckley In an ideal world, proper and careful craftsmanship would be all that was needed to avoid claims for a construction defect....
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...

Contract Payment Provisions: A Primer for Prompt Payment

By Anthony M. Kroese, Esq. Despite best-laid plans, a construction project can stall to a halt without a smooth payment process. Often construction contracts include...

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...

Clause Order

The complexity of construction projects has increased over time—with a corresponding expansion of the contract documents utilized to build the job. With this expansion...

OSHA Not Entitled To Review All Safety Audits

A federal district court has held that the Occupational Safety & Health Administration (OSHA) does not have authority to review an employer’s internal safety...

What the Contract Doesn’t Say

In reviewing contracts with our clients, we frequently advise on the various key risk management clauses in a construction contract. Terms governing payment, delays,...

What Does it Mean When I See a Copyright on an...

Often we hear about an architect providing a copyright to its drawings. From a contractor’s perspective, what does this mean? Why does an architect...
Payment and Performance Bonds

Payment and Performance Bonds

As a matter of routine, on public projects contractors are required to obtain payment and performance bonds, often combined into one instrument, to guarantee...