Home-Field Advantage

Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...

“As-Built” Documents

By William S. Thomas  Current versions of the American Institute of Architects (AIA) family of contracts address responsibility for preparation of project documentation which reflects...

OSHA Policy Gives Teeth to Temporary Worker Enforcement

On July 15, 2014, the Occupational Safety & Health Administration issued a policy document on its temporary worker initiative (TWI), which has now been...
costs

Costs for the Contractor’s Acceleration of Work

Contractor delays may occur in maintaining the construction schedule milestones or in achieving the overall completion date, or more accurately, the date of substantial...
Weather considerations

Planning for Weather Delays

As hurricane season is fast approaching for many states along the United States eastern seaboard and in the south, inclement weather will soon be...

Contract Payment Provisions: A Primer for Prompt Payment

By Anthony M. Kroese, Esq. Despite best-laid plans, a construction project can stall to a halt without a smooth payment process. Often construction contracts include...
self-audits

How Your Voluntary Safety Audits Can Help (or Hurt) When OSHA...

Voluntary safety and health self-audits can be a critical part of any company’s regulatory compliance efforts—as well as further the overall goal of creating...
workplace delay

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...

Change Orders

By Aman Kahlon It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual...
OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last

OSHA’s New Fall Protection Rule Offers Flexibility—But Will It Last

On November 18, 2016, the Occupational Safety & Health Administration (OSHA) issued its 513-page final rule modifying its requirements for walking-working surfaces (WWS), fall...