The Art of Mediation
Most modern construction contracts include some kind of dispute resolution provision. Because many in the construction industry favor arbitration in lieu of litigation, arbitration...
Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 2
Part 2 of 4: Effective Communication Methods
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In part one of the four-part series addressing the...
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...
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...
Construction Ethics? You Bet!
Doctors, lawyers, and many other professionals are subject to specific codes of ethics that govern their performance and conduct. Architects and engineers are often...
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...
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...
From Blueprints to Bytes
For years, construction has relied on custom and tradition, combined with sweat, steel, and human grit. But now, a new kind of worker has...
Delay Issues
Since March, the COVID-19 pandemic has wreaked havoc on the United States and the rest of the world. Beyond the obvious health consequences and...
A Fine Line: What the Law Says About Contractor Delays to...
As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief,...