“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...
Building Blocks of Construction Contracts
This article highlights common, but often overlooked, terms routinely found in construction contracts. Understanding how each clause operates is critical to protecting your rights...
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...
Artificial Intelligence
Few technological advances have been as transformative or controversial as artificial intelligence (AI). These pioneering technologies, ranging from autonomous machinery to predictive algorithms, are...
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...
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...
OSHA Expands “Reportable” Incidents in Final Rule
On September 18, 2014, OSHA published in the Federal Register a 60-page Final Rule changing requirements for Injury and Illness Recordkeeping and Reporting under...
The Spearin Doctrine Is 100 Years Old
Contractors are governed by the terms of their contracts, statutes, regulations, and case law.
The contract can consist of the terms and conditions of the...
Zika is Now an OSHA Issue
In August 2016, the Centers for Disease Control (CDC) confirmed that there are now cases of the Zika virus, which were locally acquired from...
OSHA & MSHA Penalties Significantly Raised
On July 1, 2016, the US Department of Labor (DOL) issued an interim final rule raising civil penalties by nearly 80 percent in some...