OSHA Whistleblower Prosecutions Rise

Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...

OSHA Tightens VPP Eligibility

OSHA’s longstanding, often-praised “Voluntary Protection Program” (VPP) recognizes employers and workers in both the private and federal sectors who implement effective safety and health...

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...

Contingency Funds

For contractors, there are three things in life that are certain—death, taxes, and unwelcomed surprises on their jobs. Surprises are often bad for the...

Formal Mediation

By Christopher S. Drewry Mediation can be a successful tool in resolving many different types of cases, but in the context of construction disputes utilizing...

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...
The benefit of mediating

The Art of Mediation

Most modern construction contracts include some kind of dispute resolution provision. Because many in the construction industry favor arbitration in lieu of litigation, arbitration...

Price Escalation

Construction industry participants—from owners down to subcontractors and suppliers—have become all too familiar with dramatic increases in the price of certain construction materials since...

OSHA Policy Gives Teeth to Temporary Worker Enforcement

On July 15, 2014, the Occupational Safety & Health Administration issued a policy document on its temporary worker initiative (TWI), which has now been...

U.S. Supreme Court: We Take Forum Selection Seriously, Even If It...

In the past, contractors may not have paid much attention to whether their contracts contained forum selection clauses to govern contractual disputes, but thanks...