personnel

Who’s In Charge?

In planning a construction project, one of the first decisions an owner must make is deciding who should be hired to manage and oversee...
Contractor’s Options in Response to Lower Tier Mechanic’s Liens

What Are the Contractor’s Options in Response to Lower Tier Mechanic’s...

For a contractor, knowing how to record a mechanic’s lien to secure its own payment upstream is one thing. However, knowing what to do...
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...
Fixed Price Contract

Making Claims for Additional Money Under a Fixed Price Contract

When a contractor bids a fixed price job, it has to make a series of assumptions about what its direct costs to complete the...

Contingency Funds

For contractors, there are three things in life that are certain—death, taxes, and unwelcomed surprises on their jobs. Surprises are often bad for the...

Evaluation Disputes

By Nicholas T. Solosky The Contract Disputes Act (CDA) creates the framework for handling “claims” against the government on Federal contracts. Contract claims most commonly...

OSHA Proposes New Safety & Health Management Guidelines

OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...
Intentional Breach

Avoiding “Intentional Breach” of Construction Contracts

Most contractors are aware of the importance of avoiding so-called “material” breaches of their contracts—i.e., breaches that are significant enough to give the other...

Do I Need An Expert Witness? How Do I Find One?

When contractors get involved in arbitration or litigation, a question that the contractor and its counsel will often have is whether an expert witness...

Tools of the Trade: Part 2 of 2

Read Part 1 Here Arbitrations almost always arise out of contracts, further empowered through laws like the Federal Arbitration Act (FAA) or similar state statutory...