Victory for Insurance Policyholders

Contractors responding to construction defect claims often face a conundrum: to repair or not to repair. Early claims on projects may give contractors notice...

Jobsite Harassment

By Anthony M. Kroese, Esq. and Christopher Maugans, Esq. The #MeToo movement and its widespread publicity of issues involving sexual harassment is transforming the way employers...

Where-Oh-Where?

Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court. Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...

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...
America looking out for its workers with OSHA.

Uncle Sam Wants YOU

The federal government is taking aim at occupational safety and health violations from a different perspective: criminal prosecution. On December 17, 2015, a joint...

The Cost of Going Paperless

Tips for Managing Electronic Document Costs in Litigation When project claims are pursued in litigation, contractors are often blindsided by the costs associated with the...

OSHA & MSHA Penalties Significantly Raised

On July 1, 2016, the US Department of Labor (DOL) issued an interim final rule raising civil penalties by nearly 80 percent in some...
clauses

Dispute Resolution Clauses Are Out of Control!

I am often called upon to review contract documents on behalf of my contractor clients. In doing so, I have noticed a trend lately for...
Delay Claim Preclusion

Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...

When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
lien

Lien Rights: Remedies for Potential Issues on the Project

By Aman Kahlon Liens are one of the primary tools for the construction industry to secure payment claims. However, lien rights and remedies vary between...