BIM plan

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...

Line of Defense

There are few things more crippling to the progress and budget of a project than a contractual default. Needless to say, the best preventive...
Intentional Breach

Avoiding “Intentional Breach” of Construction Contracts

Most contractors are aware of the importance of avoiding so-called “material” breaches of their contracts—i.e., breaches that are significant enough to give the other...
The benefit of mediating

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...
Navigating OSHA

Navigating OSHA’s Rules on Silica Dust Exposure

In recent years, the Occupational Safety and Health Administration (OSHA) has promulgated regulations specific to the hazard of crystalline silica dust exposure. This issue...
Safety clothes

Defining Clothes

Supreme Court weighs in on payment for putting on protective gear It is rare that safety-related cases make it to the highest court of the...

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....
Spearin Doctrine

The Spearin Doctrine Is 100 Years Old

Contractors are governed by the terms of their contracts, statutes, regulations, and case law. The contract can consist of the terms and conditions of the...

“Shoulda, Coulda, … OSHA-Style”

The Occupational Safety and Health Act defines what is needed for OSHA to prove a serious violation in court. The Act states: “a serious...

Construction Claims

By Aman Kahlon When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise....