Supervisor’s Misconduct Not Sufficient to Impute Liability
In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
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...
Contesting an OSHA Citation
If you receive an OSHA citation, you need to make a decision relatively quickly on how to respond. One option is to immediately request...
OSHA Reform Legislation Heightens Enforcement Consequences
On March 22, 2013, Sen. Patty Murray (D-WA) and 10 other Senate democrats introduced S. 665, the “Protecting America’s Workers Act” (PAW Act). This...
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...
Who's The Boss?
Multi-employer worksites often cause headaches when it comes to OSHA enforcement activities. OSHA has a well-established doctrine, which creates four categories of employers who...
New OSHA Injury/Illness Recordkeeping Mandates Are Here!
On May 12, 2016, OSHA published its final rule modernizing injury and illness (I/I) data collection and requiring that most OSHA-regulated employers submit their...
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...
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...
Crystalline Silica Proposal Presents Construction Challenges
OSHA’s long-awaited proposed standard to limit exposure to respirable crystalline silica in general industry, construction, and maritime operations was published in the September 12,...









