Home-Field Advantage

Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...
Contractor’s Options in Response to Lower Tier Mechanic’s Liens

What Are the Contractor’s Options in Response to Lower Tier Mechanic’s...

For a contractor, knowing how to record a mechanic’s lien to secure its own payment upstream is one thing. However, knowing what to do...

Crane Operator Certification Relief May Be Coming

On February 10, 2014, the Occupational Safety & Health Administration (OSHA) published a proposed rule aimed at revising one of the more controversial provisions...
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...
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...
liquidated damages clauses

Liquidated Damages Clauses

Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...

Pass-Through Agreements

Maximize chances for recovery By Christopher S. Drewry The shift of a project dispute into claim mode can significantly alter the dynamic of the project participants....
OSHA Interviews

OSHA Interviews: Understanding and Exercising Your Rights

Section 8(a) of the Occupational Safety and Health (OSH) Act of 1970 authorizes OSHA to inspect workplaces “during regular working hours and at other...

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 Forecast 2017

The dust has barely settled from the most contentious presidential election in history, and it is clear that big changes are in store for...