Revised Cost-of-Work Agreement

ConsensusDocs has revised its short form agreement popular for small and medium-size projects.  The ConsensusDocs Coalition was founded in 2007 under the leadership of 20...
Change Orders

Change Orders Are Inevitable; Managing Them Effectively Is Not

For contractors, the normal instrument of change on a construction project is the “change order.” When entering into a contract to build or design/build...

You Gotta Fight… for Your Right… to Early Completion

In Gilchrist Constr. Co., LLC v. Louisiana Dep’t of Trans. and Dev., a Louisiana appellate court recently confirmed that a contractor was able to...
America looking out for its workers with OSHA.

Uncle Sam Wants YOU

The federal government is taking aim at occupational safety and health violations from a different perspective: criminal prosecution. On December 17, 2015, a joint...

OSHA Reform Legislation Heightens Enforcement Consequences

On March 22, 2013, Sen. Patty Murray (D-WA) and 10 other Senate democrats introduced S. 665, the “Protecting America’s Workers Act” (PAW Act). This...

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...
Local Law 196

NYC Local Law 196: Coming to a Town or City Near...

Local Law 196 of 2017 was enacted in response to the increase in fatalities on construction sites in New York City (NYC). It amended...

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...

Crane Operator Certification Relief May Be Coming

On February 10, 2014, the Occupational Safety & Health Administration (OSHA) published a proposed rule aimed at revising one of the more controversial provisions...

How to Make a Bad Situation Worse

It is said that the definition of insanity is doing the same thing over and over, and expecting a different result. In a recent...