Are Broad Risk-Shifting Provisions Concerning Site Conditions Enforceable?
Contractors often bid projects based solely on information provided by owners and after only a limited site investigation. Yet, owners often use broad risk-shifting...
PELs Prosecution Raises Specter of Broader GDC Enforcement
For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...
Everyone in the “Hot Tub”— Experts Only
More and more, we try to get creative with ways to resolve disputes. Years ago, the construction industry and construction lawyers realized that litigation...
Look … Up in the Sky. It’s a Bird, It’s a...
In December 2018, it was revealed via a Freedom of Information Act (FOIA) request that on May 18, 2018, the Occupational Safety & Health...
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...
Tools of the Trade: Part 1 of 2
Success in any construction project requires having the right tools for the job. While most construction industry professionals know the tools of their own...
The Design-Build “Bridging Period”
In the design-build project delivery method, some of the most consequential project decisions are made before the team signs the contract everyone assumes will...
Renewable Energy
By William S. Thomas
In May 2021, the Biden Administration unveiled an aggressive agenda to curb carbon emissions created by the construction sector. The plan...
OSHA Launches E-Recordkeeping Data Submission Platform
On August 1, 2017, OSHA went “live” with its data submission platform that certain employers will need to use when submitting their injury and...
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...