Am I Covered?
Even the smallest project may include dozens of workers, complex and costly equipment, exacting requirements with little room for error, and potentially catastrophic risks...
What Makes A Good or Bad Arbitrator?
As a member of the construction industry, at some point during your career, you will likely engage in arbitration. Arbitration provisions are prevalent in...
Deflate-gate, the False Claims Act, and Dishonest Competitors
I think the reason “deflate-gate” got so much press is that we, as Americans, believe in fairness in our sporting events. But there are...
From Blueprints to Bytes
For years, construction has relied on custom and tradition, combined with sweat, steel, and human grit. But now, a new kind of worker has...
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...
Concurrent Delays
By Aman Kahlon
A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one...
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...
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...
Liquidated Damages Clauses
Where a contractor has been delayed by an owner (or by a third party for whom the owner is responsible), that contractor may be...
Insurance Contract Terms
By Luke J. Farley and Dixie T. Wells
One of the most important functions of a construction contract is to allocate risk between the parties....









