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...
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...
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...
OSHA Focus is on Violation, Not Fatality
OSHA’s burden in a fatal accident case is not to prove that a violation caused a worker’s electrocution death, but to prove that it...
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...
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...
Freedom to Contract
Are There Limits to What Can Be Included in a Construction Contract?
When reviewing a construction contract, the primary goal is to make sure the...
Have our Contracts Become too One-Sided?
Times have changed. We all recognize it. They have changed in the way we interact with people, in the way we do business, engage...
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...
Worker Shortage
Since the emergence of COVID-19 two-and-a-half years ago, the unpredicted consequences of the pandemic continue to affect nearly every industry in the United States,...