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...
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...
FinCEN Efforts
The Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury Department issued a notice to financial institutions on August 15, 2023, calling attention to...
“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...
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...
Liquidated Damages
“Liquidated damages”—the term strikes fear into the hearts of contractors. Liquidated damages, or LDs as they are often called, are monetary damages imposed by...
Contingency Funds
For contractors, there are three things in life that are certain—death, taxes, and unwelcomed surprises on their jobs. Surprises are often bad for the...
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...
Coordination and Cooperation
Generally speaking, every construction contract has an implied obligation that the parties won’t interfere with the work of others on a project. Sometimes, though,...
Construction Management
Know what’s best when selecting the project delivery system
By Christopher S. Drewry
In today’s construction industry there are multiple delivery methods for projects. Often the...