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...
Misclassification of Workers Costs Employer in OSHA Inspection
When OSHA came to call at a Connecticut construction worksite, it did not end happily for the employer. Seven different violations of the OSH...
Project Data Retention
Recent advances in technology make project data retention an increasingly difficult, expensive, and complex proposition. Cloud-based project management platforms, remote work environments, and digital...
OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?
Since OSHA’s mission statement is “to assure safe and healthful working conditions for working men and women,” it’s no surprise that its enforcement authority...
Claims and Defenses to the Owner’s Actions
With many construction projects, it is an all too familiar scenario where the project is being delayed or impacted through the actions of the...
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...
Coordination and Cooperation
Generally speaking, every construction contract has an implied obligation that the parties won’t interfere with the work of others on a project. Sometimes, though,...
Construction Ethics? You Bet!
Doctors, lawyers, and many other professionals are subject to specific codes of ethics that govern their performance and conduct. Architects and engineers are often...
Contracting to Minimize Risk
Most sophisticated parties want to avoid lawsuits because they understand that such disputes may be detrimental to a project and end up causing everyone...
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...









