OSHA Whistleblower Prosecutions Rise
Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...
Report Targets OSHA Settlement Practices
On August 1, 2016, OSHA’s civil penalties increased by nearly 80 percent to a new high of $124,709 per violation (for willful and repeat...
Understanding & Navigating a Performance Bond Default Situation
Most contractors deal with performance bonds on public jobs when they furnish a bond for the benefit of an owner. However, many contractors will...
Scope of Work
Few items in a construction contract are more important than a clear, well-defined scope of work that, in detail, outlines the work a contractor...
Key Considerations in a Fixed-Price Construction Contract
Of the many concerns an owner must navigate during the pre-construction process, one of the most critical issues to be resolved is how the...
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...
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 All Goes Awry
Something goes wrong—perhaps the collapse of a structure during construction, the serious injury of an employee on the job, or an accident with a...
Navigating OSHA’s Rules on Silica Dust Exposure
In recent years, the Occupational Safety and Health Administration (OSHA) has promulgated regulations specific to the hazard of crystalline silica dust exposure. This issue...
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...