settlement clauses

Settlement Clauses – Buyer Beware

Contractors have claims on projects all the time. Contractors seek additional compensation and time extensions on projects for many legitimate reasons. Some owners have...

OSHA Whistleblower Prosecutions Rise

Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...

Getting to Know Your Contract

Take time to review your contract and become familiar with key requirements and obligations. After a contract is successfully negotiated and signed, it is vitally...
Spearin Doctrine

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...

OSHA Proposes New Safety & Health Management Guidelines

OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...

Escalation Clauses a Continued Necessity

As we embark on another year, we are buffeted by industry analysts’ trend reports assessing years past and providing forward-looking advice. Universally, these experts...

Scope of Work

Few items in a construction contract are more important than a clear, well-defined scope of work that, in detail, outlines the work a contractor...
Fixed Price Contract

Making Claims for Additional Money Under a Fixed Price Contract

When a contractor bids a fixed price job, it has to make a series of assumptions about what its direct costs to complete the...

Owner Concerns

By Danielle Waltz and Patrick Estill The modern contractor is no stranger to dealing with increased building costs and delays in getting project inputs to...

Building Costs and Legal Battles

Litigation surrounding the Trump administration’s tariff policies continues to dominate news cycles. Just recently, the U.S. Court of Appeals for the Federal Circuit heard...