OSHA Out of Luck Where Company Lacks “Employees”
Every now and then, I represent small companies in fighting citations issued by the Occupational Safety & Health Administration where OSHA jurisdiction becomes a...
Labor and Employment Update
Employee Verification and the Newly Released I-9 Form
Labor and employment laws regularly intersect with the construction industry—whether you are dealing with employment issues such...
Payment Remedies in Construction Contracts
Contractors typically have a number of powerful remedies to obtain payment for contracted construction services, either by forcing compliance with payment requests or elevating...
Technology and the Law
Can Digital Signatures or Emails Be Used to Create a Valid Contract?
Last month, we addressed the question of whether there are limits to what...
Heat Stress Standard
There are hundreds of federal Occupational Safety and Health Administration (OSHA) regulations that apply to the construction industry, but you might be surprised to...
Shield Yourself from the Records Liability Gap
The rules of professional exposure have changed. What was once an institutional risk, absorbed by the organization, quietly settled with a fine, and managed...
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...
The Right Routine for Subcontractors
It is late afternoon when a directive comes down from the superintendent: Handle this now. Your foreman has a crew standing by, the material...
Construction Law Recognizes That “Time Is Money”
A contractor’s ability to make a steady profit depends not just on the ability to complete projects, but on the ability to complete them within...
Welcome to the Party: Risk Sharing in Construction Defect Disputes
Construction disputes can arise from virtually any aspect of the construction process, from scheduling to payment to alleged construction defects and completed work, and...