Payment Remedies in Construction Contracts
Contractors typically have a number of powerful remedies to obtain payment for contracted construction services, either by forcing compliance with payment requests or elevating...
Am I Covered?
Even the smallest project may include dozens of workers, complex and costly equipment, exacting requirements with little room for error, and potentially catastrophic risks...
Federal Court Upholds OSHA’s Expansive Subpoena Power
The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...
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 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...
Does Settling an OSHA Citation Make Good Business Sense?
Shortly after issuing a citation to an employer, OSHA will often agree to reduce the penalty amount provided the employer agrees not to contest...
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...
Liquidated Damages Clauses Commonplace in Construction Contracts
Recent Texas Supreme Court case offers important industry wide lessons in enforceability
Liquidated damages are well known within the construction industry. Typically, parties designate damages...
Widespread Failures
In September 2024, the panel investigating the 2017 fire in the Grenfell Tower in London, England, which killed 72, issued its final report, placing...
Negotiating Change Provisions, Change Orders, and Change Directives
The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...









