Sharing the Blame

One theory of construction contract law is that a construction contract is less about spelling out in detail each party’s specific rights and obligations...
woman in construction

Inclusion: A Critical Element for Workforce in Construction and Design

By Kristine A. Kubes A skilled workforce is an indispensable element of successful design and construction in the United States. Projects begin with the designs...
difficult parties

Dealing with Difficult Parties on a Project

If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...
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...
Minnesota law

Managing Regulatory Risks

New Minnesota Laws Impose Sanctions For larger contractors operating in several states, it is important to stay current on changing local labor laws. Minnesota, for...
e-recordkeeping

OSHA Launches E-Recordkeeping Data Submission Platform

On August 1, 2017, OSHA went “live” with its data submission platform that certain employers will need to use when submitting their injury and...

Avoid Lack of Privity

Express third-party beneficiary clauses By Alexis Hailpern and Danielle Waltz The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...

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...

Don’t Borrow Trouble … or Scaffolds

A Georgia stucco contractor learned the hard way that borrowing another subcontractor’s defective scaffolds can result in some heavy OSHA penalties. In the July...
Navigating OSHA

Navigating OSHA’s Rules on Silica Dust Exposure

In recent years, the Occupational Safety and Health Administration (OSHA) has promulgated regulations specific to the hazard of crystalline silica dust exposure. This issue...