Establish a Strong OSHA Defense Before an Inspector Shows Up

Establish a Strong OSHA Defense Before an Inspector Shows Up

In most instances, an OSHA inspector will arrive at your door unannounced. Among other things, the inspector will present his or her credentials, say...

Delay Issues

Since March, the COVID-19 pandemic has wreaked havoc on the United States and the rest of the world. Beyond the obvious health consequences and...

Panacea or Pariah?

The ever-evolving construction industry landscape forces contractors, design-build firms, and design professionals to seek innovative ways to enhance efficiency, reduce costs, and remain competitive...

OSHA & MSHA Penalties Significantly Raised

On July 1, 2016, the US Department of Labor (DOL) issued an interim final rule raising civil penalties by nearly 80 percent in some...

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...
Volks

Congress Overturns OSHA Recordkeeping Rule

On March 1, 2017, the U.S. House of Representatives passed a resolution of disapproval, under the Congressional Review Act, to block OSHA’s “Volks” rule....
Unpreventable employee misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 1

Part 1 of 4: Contractor Work Rules By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. What is a contractor to do when, despite its...

The Third-Party Plaintiff and the Certificate of Merit

An owner’s belief that there is a defect in the contractor’s work is a common source of construction disputes throughout the country. When such...
contract

Essential Construction Contract Terms

The importance of a well-crafted construction contract cannot be overstated. As Murphy’s Law states, if something can go wrong, it will. The best way...
hot-tubbing

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...