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...
Resolving Delay Claims In Real Time
Delay damage claims can be difficult, time consuming, complex, and expensive. Some of this is the nature of the claims themselves. But another contributing...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In the final part of this four-part series on the “unpreventable employee misconduct” defense to...
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...
Contract Language: Force Majeure Clause and its Definition
By Diana Parks
In the event COVID-19 takes a toll on the American workforce and directly affects U.S. construction projects, know what’s defined in your...
Claims and Defenses to the Owner’s Actions
With many construction projects, it is an all too familiar scenario where the project is being delayed or impacted through the actions of the...
Insurance Contract Terms
By Luke J. Farley and Dixie T. Wells
One of the most important functions of a construction contract is to allocate risk between the parties....
OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?
Since OSHA’s mission statement is “to assure safe and healthful working conditions for working men and women,” it’s no surprise that its enforcement authority...
The Overlooked Edge
In construction disputes, proving damages often begins with a seemingly simple question: “What will it cost to fix?” Owners, developers, and their consultants routinely...
Vicarious Liability for Sexual Harassment
It should come as no surprise that the brand of humor enjoyed by workers on many construction sites is not for the faint of...