Congress Overturns OSHA Recordkeeping Rule
On March 1, 2017, the U.S. House of Representatives passed a resolution of disapproval, under the Congressional Review Act, to block OSHA’s “Volks” rule....
Crystalline Silica Proposal Presents Construction Challenges
OSHA’s long-awaited proposed standard to limit exposure to respirable crystalline silica in general industry, construction, and maritime operations was published in the September 12,...
Project Schedules
Being able to recreate to isolate specific events
By Aman Kahlon
Despite many construction disputes centering around schedule delays, maintenance and updating construction schedules remains one...
Construction Defect Claims in the Concrete Industry: An Overview
By Thomas More Buckley
In an ideal world, proper and careful craftsmanship would be all that was needed to avoid claims for a construction defect....
Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 1
Part 1 of 4: Contractor Work Rules
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
What is a contractor to do when, despite its...
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...
Recovering Delay Damages Despite Timely Completion
Construction projects frequently encounter delays to the work. A delay which is compensable to a contractor is one that was not anticipated when the...
Avoiding Common Pitfalls in Zoning and Permit Applications
Businesses and developers often apply for zoning permits and building permits from the municipalities in which they operate or wish to establish an operation....
Contingent Payment Clauses: How to Make Them Viable
Many standard subcontracts contain what in construction parlance is referred to as a contingent payment clause, which provides that a subcontractor’s payment from a...
Everyone in the “Hot Tub”— Experts Only
More and more, we try to get creative with ways to resolve disputes. Years ago, the construction industry and construction lawyers realized that litigation...