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...
What Makes A Good or Bad Arbitrator?
As a member of the construction industry, at some point during your career, you will likely engage in arbitration. Arbitration provisions are prevalent in...
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...
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...
PELs Prosecution Raises Specter of Broader GDC Enforcement
For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...
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...
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...
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...
Construction Ethics? You Bet!
Doctors, lawyers, and many other professionals are subject to specific codes of ethics that govern their performance and conduct. Architects and engineers are often...
OSHA Reform Legislation Heightens Enforcement Consequences
On March 22, 2013, Sen. Patty Murray (D-WA) and 10 other Senate democrats introduced S. 665, the “Protecting America’s Workers Act” (PAW Act). This...