Heat Stress Standard
There are hundreds of federal Occupational Safety and Health Administration (OSHA) regulations that apply to the construction industry, but you might be surprised to...
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...
Dispute Resolution Clauses Are Out of Control!
I am often called upon to review contract documents on behalf of my contractor clients. In doing so, I have noticed a trend lately for...
A Detailed BIM Plan
Hstorically, the construction industry has been hesitant to embrace new technologies that move projects into the high tech/digitized world. This is so for many...
OSHRC Clarifies Criteria for Willful Violations
In a recent decision, the federal Occupational Safety & Health Review Commission (OSHRC) issued a decision reversing a judge’s ruling that had decreased the...
Cost Escalation Clauses
By Luke J. Farley and Dixie T. Wells
The construction industry has been left scrambling due to materials shortages and volatile pricing brought on by...
Insurance Contract Terms
By Luke J. Farley and Dixie T. Wells
One of the most important functions of a construction contract is to allocate risk between the parties....
Confined Space Deaths Trigger GDC Litigation
A contractor recently succeeded, on appeal to the Occupational Safety & Health Review Commission (OSHRC), in getting a General Duty Clause citation issued in...
OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last
On November 18, 2016, the Occupational Safety & Health Administration (OSHA) issued its 513-page final rule modifying its requirements for walking-working surfaces (WWS), fall...
Key Considerations in a Fixed-Price Construction Contract
Of the many concerns an owner must navigate during the pre-construction process, one of the most critical issues to be resolved is how the...