Crane Operator Certification Relief May Be Coming
On February 10, 2014, the Occupational Safety & Health Administration (OSHA) published a proposed rule aimed at revising one of the more controversial provisions...
Liquidated Damages
“Liquidated damages”—the term strikes fear into the hearts of contractors. Liquidated damages, or LDs as they are often called, are monetary damages imposed by...
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...
The Signed Change Order
A common dispute handled by construction attorneys is the contractor or subcontractor attempting to recover for change order work when there is no written,...
Be Wary of Over-Reliance on AIA Form Contracts
The construction industry is full with complex, multi-faceted, and multi-party transactions that often feature heavily negotiated legal documents. Typically, each party involved, whether the...
Drone Usage
While historically the construction industry has generally been slow to adopt new technologies, of late it has shown an increasing—and necessary—acceptance of the use...
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...
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...
Key Considerations in a Fixed-Price Construction Contract
Of the many concerns an owner must navigate during the pre-construction process, one of the most critical issues to be resolved is how the...
Mitigating the Impacts of New Tariffs
As most construction professionals are now certainly aware, on March 8, 2018, President Trump executed two Presidential Proclamations establishing a 25 percent tariff on...