Deflate-gate, the False Claims Act, and Dishonest Competitors
I think the reason “deflate-gate” got so much press is that we, as Americans, believe in fairness in our sporting events. But there are...
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...
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...
Price Escalation
Construction industry participants—from owners down to subcontractors and suppliers—have become all too familiar with dramatic increases in the price of certain construction materials since...
Concurrent Delays
By Aman Kahlon
A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one...
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...
Construction Sites
By Christopher Scott D'Angelo
Much has been written since the pandemic related shut-down was imposed addressing what rights, liabilities, and remedies may exist between the...
OSHA Emphasizing Corporate-Wide Settlement Agreements
It is no secret that the Occupational Safety & Health Administration (OSHA) is making it tougher to settle cases, at least on terms that...
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...
PELs Prosecution Raises Specter of Broader GDC Enforcement
For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...