Learning Curves & Lost Productivity Claims

Learning Curves & Lost Productivity Claims

By Christopher S. Drewry In construction, productivity is often viewed as manhours per unit of work—greater productivity means fewer manhours spent per unit of work....

Price Escalation

Construction industry participants—from owners down to subcontractors and suppliers—have become all too familiar with dramatic increases in the price of certain construction materials since...

Shield Yourself from the Records Liability Gap

The rules of professional exposure have changed. What was once an institutional risk, absorbed by the organization, quietly settled with a fine, and managed...

Misclassification of Workers Costs Employer in OSHA Inspection

When OSHA came to call at a Connecticut construction worksite, it did not end happily for the employer. Seven different violations of the OSH...
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...
Contractor’s Options in Response to Lower Tier Mechanic’s Liens

What Are the Contractor’s Options in Response to Lower Tier Mechanic’s...

For a contractor, knowing how to record a mechanic’s lien to secure its own payment upstream is one thing. However, knowing what to do...

Liquidated Damages

“Liquidated damages”—the term strikes fear into the hearts of contractors. Liquidated damages, or LDs as they are often called, are monetary damages imposed by...

Construction Sites

By Christopher Scott D'Angelo Much has been written since the pandemic related shut-down was imposed addressing what rights, liabilities, and remedies may exist between the...

The Third-Party Plaintiff and the Certificate of Merit

An owner’s belief that there is a defect in the contractor’s work is a common source of construction disputes throughout the country. When such...

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...