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...
self-audits

How Your Voluntary Safety Audits Can Help (or Hurt) When OSHA...

Voluntary safety and health self-audits can be a critical part of any company’s regulatory compliance efforts—as well as further the overall goal of creating...

“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...
Contractor’s Options in Response to Lower Tier Mechanic’s Liens

What Are the Contractor’s Options in Response to Lower Tier Mechanic’s...

For a contractor, knowing how to record a mechanic’s lien to secure its own payment upstream is one thing. However, knowing what to do...

Supervisor’s Misconduct Not Sufficient to Impute Liability

In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
Change Orders

Change Orders Are Inevitable; Managing Them Effectively Is Not

For contractors, the normal instrument of change on a construction project is the “change order.” When entering into a contract to build or design/build...
Employee Misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense

By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In the final part of this four-part series on the “unpreventable employee misconduct” defense to...

Line of Defense

There are few things more crippling to the progress and budget of a project than a contractual default. Needless to say, the best preventive...
employee misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 2

Part 2 of 4: Effective Communication Methods By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In part one of the four-part series addressing the...

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...