Minimizing OSHA Liability : More Than an Ounce of Prevention
OSHA penalties can be costly. In fact, a single “repeat” or “willful” violation can result in a penalty of $126,749. And, if you have...
Where-Oh-Where?
Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court.
Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...
OSHA Silica Enforcement Gathers Momentum
The first full year of OSHA’s enforcement of its new crystalline silica standard has been completed for the construction sector, and data is now...
Enforcement Begins on New Workplace Exam Rule
On October 1, 2018, enforcement began in earnest by the Mine Safety & Health Administration (MSHA) for its revised standard governing workplace examination requirements...
Shield Yourself from the Records Liability Gap
The rules of professional exposure have changed. What was once an institutional risk, absorbed by the organization, quietly settled with a fine, and managed...
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...
Avoiding Transaction Pitfalls
Getting to the proverbial “closing table” is not as easy as it looks. Every commercial real estate transaction comes with ups and downs and...
When “Smart” Tools Make Dumb Mistakes
The construction industry is embracing Artificial Intelligence (AI) tools and the effects are materializing. In a September 2025 analysis of survey data from over...
OSHA and Hazard Assessments: Electrical Hazards in the Workplace
OSHA requires that employers “instruct each employee in the recognition and avoidance of unsafe conditions” and the regulations applicable to the workplace “to control...
Settlement Clauses – Buyer Beware
Contractors have claims on projects all the time. Contractors seek additional compensation and time extensions on projects for many legitimate reasons. Some owners have...