Liquidated Damages Clauses
Where a contractor has been delayed by an owner (or by a third party for whom the owner is responsible), that contractor may be...
Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...
When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
Navigating OSHA’s Rules on Silica Dust Exposure
In recent years, the Occupational Safety and Health Administration (OSHA) has promulgated regulations specific to the hazard of crystalline silica dust exposure. This issue...
OSHA Not Entitled To Review All Safety Audits
A federal district court has held that the Occupational Safety & Health Administration (OSHA) does not have authority to review an employer’s internal safety...
OSHA in 2016: Not Exactly a Lame Duck!
As we roll into the final year of the Obama Administration, one might think that regulatory and other enforcement initiatives would slow down at...
Heat Stress Standard
There are hundreds of federal Occupational Safety and Health Administration (OSHA) regulations that apply to the construction industry, but you might be surprised to...
Am I Covered?
Even the smallest project may include dozens of workers, complex and costly equipment, exacting requirements with little room for error, and potentially catastrophic risks...
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...
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...
When to Stop Digging
In its recent “DIRT Report,” the Common Ground Alliance featured an interactive tool that showed sobering year-to-year statistics on the frequency of underground utility...