Construction Claims
By Aman Kahlon
When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise....
“Shoulda, Coulda, … OSHA-Style”
The Occupational Safety and Health Act defines what is needed for OSHA to prove a serious violation in court. The Act states: “a serious...
Congress Overturns OSHA Recordkeeping Rule
On March 1, 2017, the U.S. House of Representatives passed a resolution of disapproval, under the Congressional Review Act, to block OSHA’s “Volks” rule....
OSHA Not Entitled To Review All Safety Audits
A federal district court has held that the Occupational Safety & Health Administration (OSHA) does not have authority to review an employer’s internal safety...
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...
Who’s In Charge?
In planning a construction project, one of the first decisions an owner must make is deciding who should be hired to manage and oversee...
Do I Need An Expert Witness? How Do I Find One?
When contractors get involved in arbitration or litigation, a question that the contractor and its counsel will often have is whether an expert witness...
OSHA’s Confined Space Rule Puts Pressure on Contractors
On May 4, 2015, OSHA released its long-pending 162-page final rule establishing a confined space standard for the construction industry. The rule, which takes...
When to Stop Digging
In its recent “DIRT Report,” the Common Ground Alliance featured an interactive tool that showed sobering year-to-year statistics on the frequency of underground utility...
Labor and Employment Update
Employee Verification and the Newly Released I-9 Form
Labor and employment laws regularly intersect with the construction industry—whether you are dealing with employment issues such...