Do I Need An Expert Witness? How Do I Find One?

When contractors get involved in arbitration or litigation, a question that the contractor and its counsel will often have is whether an expert witness...
Employee Misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense

By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In the final part of this four-part series on the “unpreventable employee misconduct” defense to...

It’s Miller (Act) Time

No contractor wants a payment dispute, but they’re a fact of life for many construction professionals. Lien clams provide one of the most powerful...
Unpreventable employee misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 1

Part 1 of 4: Contractor Work Rules By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. What is a contractor to do when, despite its...

Payment Remedies in Construction Contracts

Contractors typically have a number of powerful remedies to obtain payment for contracted construction services, either by forcing compliance with payment requests or elevating...
What Makes A Good or Bad Arbitrator?

What Makes A Good or Bad Arbitrator?

As a member of the construction industry, at some point during your career, you will likely engage in arbitration. Arbitration provisions are prevalent in...

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...
Contractor’s Options in Response to Lower Tier Mechanic’s Liens

What Are the Contractor’s Options in Response to Lower Tier Mechanic’s...

For a contractor, knowing how to record a mechanic’s lien to secure its own payment upstream is one thing. However, knowing what to do...

Understanding & Navigating a Performance Bond Default Situation

Most contractors deal with performance bonds on public jobs when they furnish a bond for the benefit of an owner. However, many contractors will...

OSHA Interpretation Allows Union Reps on Non-Union Worksites

A new interpretative letter issued by the Occupational Safety & Health Administration (OSHA), dated February 21, 2013, but publicly released months later, has created...