Claims and Defenses to the Owner’s Actions
With many construction projects, it is an all too familiar scenario where the project is being delayed or impacted through the actions of the...
Deflate-gate, the False Claims Act, and Dishonest Competitors
I think the reason “deflate-gate” got so much press is that we, as Americans, believe in fairness in our sporting events. But there are...
Learning Curves & Lost Productivity Claims
By Christopher S. Drewry
In construction, productivity is often viewed as manhours per unit of work—greater productivity means fewer manhours spent per unit of work....
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...
Feds Eye Effectiveness of State Workers’ Compensation Systems
A new report by the U.S. Department of Labor (DOL) highlights the ways in which monetary compensation and medical care for workers harmed in...
OSHA Expands “Reportable” Incidents in Final Rule
On September 18, 2014, OSHA published in the Federal Register a 60-page Final Rule changing requirements for Injury and Illness Recordkeeping and Reporting under...
Liquidated Damages Clauses
Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...
Texas is Open for Construction Business
If you look up into the sky in metro areas across Texas, you will find cranes busily working among the skyscrapers. There are also...
“As-Built” Documents
By William S. Thomas
Current versions of the American Institute of Architects (AIA) family of contracts address responsibility for preparation of project documentation which reflects...
Double Trouble
Since implementation of Fair Labor Standards Act (FLSA or the “Act”) in 1938 and later rule promulgation in 1939, the U.S. Department of Labor...