OSHRC Clarifies Criteria for Willful Violations
In a recent decision, the federal Occupational Safety & Health Review Commission (OSHRC) issued a decision reversing a judge’s ruling that had decreased the...
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...
Minimizing OSHA Exposure
It has often been said, “In the eyes of , if it isn’t written down, it didn’t happen.” Regardless of whether this view is...
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...
The Overlooked Edge
In construction disputes, proving damages often begins with a seemingly simple question: “What will it cost to fix?” Owners, developers, and their consultants routinely...
Construction Defect Claims in the Concrete Industry: An Overview
By Thomas More Buckley
In an ideal world, proper and careful craftsmanship would be all that was needed to avoid claims for a construction defect....
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...
OSHA Out of Luck Where Company Lacks “Employees”
Every now and then, I represent small companies in fighting citations issued by the Occupational Safety & Health Administration where OSHA jurisdiction becomes a...
Watch Your Language
Avoiding the High Costs of Delays
Schedule delays, and their concomitant costs, are an unfortunate reality for many construction projects. For the project owner or...
Who's The Boss?
Multi-employer worksites often cause headaches when it comes to OSHA enforcement activities. OSHA has a well-established doctrine, which creates four categories of employers who...