Spearin Doctrine

The Spearin Doctrine Is 100 Years Old

Contractors are governed by the terms of their contracts, statutes, regulations, and case law. The contract can consist of the terms and conditions of the...

“Shoulda, Coulda, … OSHA-Style”

The Occupational Safety and Health Act defines what is needed for OSHA to prove a serious violation in court. The Act states: “a serious...

Standard of Care

By William S. Thomas These words by artist, architect, and designer Eero Saarinen—always design a thing by considering it in its next larger context—challenge modern...
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...

Q Is for Concrete

A summary of OSHA regulations governing concrete construction Concrete and masonry construction is covered under the Occupational Safety and Health Act (OSHA) under what is...
OSHA Interviews

OSHA Interviews: Understanding and Exercising Your Rights

Section 8(a) of the Occupational Safety and Health (OSH) Act of 1970 authorizes OSHA to inspect workplaces “during regular working hours and at other...

Tricks and Traps to Avoid With Factoring Companies

Factoring, as a form of commercial finance, has a long established history. It is, essentially, the business of buying accounts receivable at a discount—a...

Business Retooling

By Danielle Waltz and Alexis Hailpern Although deemed an “essential business” by many states, the construction industry is evolving in conjunction with a pandemic and...

Weather Delays

A Few Tips on Entitlement and Quantification Just this past month, we had substantial rain that caused flooding in many areas throughout Middle Tennessee. As...
Delay Claim Preclusion

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...