Are Broad Risk-Shifting Provisions Concerning Site Conditions Enforceable?
Contractors often bid projects based solely on information provided by owners and after only a limited site investigation. Yet, owners often use broad risk-shifting...
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...
OSHA Silica Enforcement Gathers Momentum
The first full year of OSHA’s enforcement of its new crystalline silica standard has been completed for the construction sector, and data is now...
OSHA Unveils New HazCom Enforcement Procedures
Effective July 9, 2015, OSHA has taken a new stance on the enforcement of its Hazard Communication Standard (HCS). Publication of the final rule...
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...
Sharing the Blame
One theory of construction contract law is that a construction contract is less about spelling out in detail each party’s specific rights and obligations...
Minimizing OSHA Exposure
It has often been said, “In the eyes of , if it isn’t written down, it didn’t happen.” Regardless of whether this view is...
OSHA’s PSM Standard
By Samantha Catone, Esq.
OSHA’s first Process Safety Management Program (PSM) was created in 1992 in response to a series of catastrophic incidents related to...
Enforcement Begins on New Workplace Exam Rule
On October 1, 2018, enforcement began in earnest by the Mine Safety & Health Administration (MSHA) for its revised standard governing workplace examination requirements...
Inclusion: A Critical Element for Workforce in Construction and Design
By Kristine A. Kubes
A skilled workforce is an indispensable element of successful design and construction in the United States. Projects begin with the designs...