OSHA Proposes New Safety & Health Management Guidelines
OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...
Dealing with Difficult Parties on a Project
If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...
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...
What is a Construction Defect?
This is a simple question with a complicated answer. Construction defects are one of the most common causes of disputes and litigation in the...
Recovering Delay Damages Despite Timely Completion
Construction projects frequently encounter delays to the work. A delay which is compensable to a contractor is one that was not anticipated when the...
Let’s Be Clear
The goal of contract drafting is to create a written instrument that leaves no doubts regarding the parties’ obligations; however, construction contracts often contain...
The Third-Party Plaintiff and the Certificate of Merit
An owner’s belief that there is a defect in the contractor’s work is a common source of construction disputes throughout the country. When such...
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...
Contingent Payment Clauses: How to Make Them Viable
Many standard subcontracts contain what in construction parlance is referred to as a contingent payment clause, which provides that a subcontractor’s payment from a...
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,...