workplace delay

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...

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...

Home-Field Advantage

Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...

OSHA Focus is on Violation, Not Fatality

OSHA’s burden in a fatal accident case is not to prove that a violation caused a worker’s electrocution death, but to prove that it...

“As-Built” Documents

By William S. Thomas  Current versions of the American Institute of Architects (AIA) family of contracts address responsibility for preparation of project documentation which reflects...

OSHRC Clarifies Criteria for Willful Violations

In a recent decision, the federal Occupational Safety & Health Review Commission (OSHRC) issued a decision reversing a judge’s ruling that had decreased the...

The Colorado Decision

Currently, 23 states and the District of Columbia have legalized medical use of cannabis (some in all forms, other states have legalized CBD oil...
Silica Rule

OSHA’s New Silica Rule Is At Risk … So Are...

On May 3, 2017, a coalition of construction industry associations formally petitioned the Occupational Safety & Health Administration (OSHA) to commence a limited reopening...

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...

How to Make a Bad Situation Worse

It is said that the definition of insanity is doing the same thing over and over, and expecting a different result. In a recent...