Supervisor’s Misconduct Not Sufficient to Impute Liability
In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
Promising Tech
By Christopher Scott D'Angelo
Challenging times can also be opportunities, but only if one knows where to look and has the drive—and capital—for it. Challenging...
Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 1
Part 1 of 4: Contractor Work Rules
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
What is a contractor to do when, despite its...
GAO/COFC Bid Protest Splits
When filing bid protests, contractors have two choices outside of the agency itself: the Government Accountability Office (GAO) and the Court of Federal Claims...
OSHA’s “Nudge” on Workplace Safety
In May 2016, the Occupational Health and Safety Administration (OSHA) published its Final Rule to Improve Tracking of Workplace Injuries and Illnesses. This rule...
Resolving Delay Claims In Real Time
Delay damage claims can be difficult, time consuming, complex, and expensive. Some of this is the nature of the claims themselves. But another contributing...
Arbitration Expectations
By Aman Kahlon
Arbitration is one of the preferred mechanisms of dispute resolution in the construction industry. Understanding how an arbitration will unfold is useful...
Vicarious Liability for Sexual Harassment
It should come as no surprise that the brand of humor enjoyed by workers on many construction sites is not for the faint of...
Report Targets OSHA Settlement Practices
On August 1, 2016, OSHA’s civil penalties increased by nearly 80 percent to a new high of $124,709 per violation (for willful and repeat...
Line of Defense
There are few things more crippling to the progress and budget of a project than a contractual default. Needless to say, the best preventive...