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...
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...
Dealing with Difficult Parties on a Project
If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...
Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...
When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
Managing Regulatory Risks
New Minnesota Laws Impose Sanctions
For larger contractors operating in several states, it is important to stay current on changing local labor laws. Minnesota, for...
OSHA Launches E-Recordkeeping Data Submission Platform
On August 1, 2017, OSHA went “live” with its data submission platform that certain employers will need to use when submitting their injury and...
Avoid Lack of Privity
Express third-party beneficiary clauses
By Alexis Hailpern and Danielle Waltz
The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...
Formal Mediation
By Christopher S. Drewry
Mediation can be a successful tool in resolving many different types of cases, but in the context of construction disputes utilizing...
Don’t Borrow Trouble … or Scaffolds
A Georgia stucco contractor learned the hard way that borrowing another subcontractor’s defective scaffolds can result in some heavy OSHA penalties. In the July...
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...









