Formal Mediation
By Christopher S. Drewry
Mediation can be a successful tool in resolving many different types of cases, but in the context of construction disputes utilizing...
Promising Tech
By Christopher Scott D'Angelo
Challenging times can also be opportunities, but only if one knows where to look and has the drive—and capital—for it. Challenging...
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...
OSHA’s New Silica Rule Is At Risk … So Are...
On May 3, 2017, a coalition of construction industry associations formally petitioned the Occupational Safety & Health Administration (OSHA) to commence a limited reopening...
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...
Employer Prevails in General Duty Clause Case
The Occupational Safety & Health Administration (OSHA) has a multitude of regulations to which concrete and construction contractors must adhere. Most of the construction...
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...
OSHA AND WORKPLACE VIOLENCE
Mitigate Risk: Effective Strategies for Employers
By Justin Kaplan, Esq.
“Hey, how you doing?” engineer Joseph Scott asked coworker and fellow engineer DeWayne Craddock in the...
Claims and Defenses to the Owner’s Actions
With many construction projects, it is an all too familiar scenario where the project is being delayed or impacted through the actions of the...
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...