Understanding Contract Payment Provisions
Payment terms and conditions are an important piece of every construction contract. Taking some time to understand your payment obligations will help you successfully...
OSHA Out of Luck Where Company Lacks “Employees”
Every now and then, I represent small companies in fighting citations issued by the Occupational Safety & Health Administration where OSHA jurisdiction becomes a...
Public Owner’s Duty to Act in Good Faith
Decision may be helpful for contractors dealing with government entities
Most contractors have worked on projects that were delayed for reasons outside their control. Many...
Evaluation Disputes
By Nicholas T. Solosky
The Contract Disputes Act (CDA) creates the framework for handling “claims” against the government on Federal contracts. Contract claims most commonly...
What the Contract Doesn’t Say
In reviewing contracts with our clients, we frequently advise on the various key risk management clauses in a construction contract. Terms governing payment, delays,...
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...
Let’s Be Clear
The goal of contract drafting is to create a written instrument that leaves no doubts regarding the parties’ obligations; however, construction contracts often contain...
A Fine Line: What the Law Says About Contractor Delays to...
As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief,...
Contractor Labor Law Compliance Under Congressional Scrutiny
A new report issued by the Senate Health, Education, Labor & Pension Committee’s (HELP), Acting Responsibly? Federal Contractors Frequently Put Workers’ Lives and Livelihoods...
Federal Court Upholds OSHA’s Expansive Subpoena Power
The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...