Heat Stress Standard

There are hundreds of federal Occupational Safety and Health Administration (OSHA) regulations that apply to the construction industry, but you might be surprised to...

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...

Innovative Materials

By Danielle Waltz & Alexis Hailpern We live in an age of innovation where change in our environment creates change in technology and materials. While...

Unifying the Field

By William S. Thomas Over 100 years ago, the U.S. Supreme Court decided the landmark Spearin case (248 U.S. 132 (U.S. 1918)), affirming a contractors’...

Are Broad Risk-Shifting Provisions Concerning Site Conditions Enforceable?

Contractors often bid projects based solely on information provided by owners and after only a limited site investigation. Yet, owners often use broad risk-shifting...

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....
clauses

Dispute Resolution Clauses Are Out of Control!

I am often called upon to review contract documents on behalf of my contractor clients. In doing so, I have noticed a trend lately for...

Shield Yourself from the Records Liability Gap

The rules of professional exposure have changed. What was once an institutional risk, absorbed by the organization, quietly settled with a fine, and managed...

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...

Managing an OSHA Inspection

Know your rights before, during, and after the visit By Samantha Catone, Esq. An unexpected visit from OSHA can be daunting and stressful. While many employers...