liquidated damages clauses

Liquidated Damages Clauses

Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...
Contract Payment Provisions

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...

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...

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...

OSHA Proposes New Safety & Health Management Guidelines

OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...

OSHA’s PSM Standard

By Samantha Catone, Esq. OSHA’s first Process Safety Management Program (PSM) was created in 1992 in response to a series of catastrophic incidents related to...
minimizing risk

Contracting to Minimize Risk

Most sophisticated parties want to avoid lawsuits because they understand that such disputes may be detrimental to a project and end up causing everyone...

Becoming Ethical: A Contractor’s Dilemma

In a recent article, I raised the issue of construction ethics. Specifically, how does the construction contractor act when faced with ethical dilemmas? Do...

Building Costs and Legal Battles

Litigation surrounding the Trump administration’s tariff policies continues to dominate news cycles. Just recently, the U.S. Court of Appeals for the Federal Circuit heard...

Understanding & Navigating a Performance Bond Default Situation

Most contractors deal with performance bonds on public jobs when they furnish a bond for the benefit of an owner. However, many contractors will...