Contracting to Minimize Risk
Most sophisticated parties want to avoid lawsuits because they understand that such disputes may be detrimental to a project and end up causing everyone...
Contesting an OSHA Citation
If you receive an OSHA citation, you need to make a decision relatively quickly on how to respond. One option is to immediately request...
OSHA Silica Enforcement Gathers Momentum
The first full year of OSHA’s enforcement of its new crystalline silica standard has been completed for the construction sector, and data is now...
The Third-Party Plaintiff and the Certificate of Merit
An owner’s belief that there is a defect in the contractor’s work is a common source of construction disputes throughout the country. When such...
OSHA AND WORKPLACE VIOLENCE
Mitigate Risk: Effective Strategies for Employers
By Justin Kaplan, Esq.
“Hey, how you doing?” engineer Joseph Scott asked coworker and fellow engineer DeWayne Craddock in the...
Clause Order
The complexity of construction projects has increased over time—with a corresponding expansion of the contract documents utilized to build the job. With this expansion...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In the final part of this four-part series on the “unpreventable employee misconduct” defense to...
OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?
Since OSHA’s mission statement is “to assure safe and healthful working conditions for working men and women,” it’s no surprise that its enforcement authority...
Confined Space Deaths Trigger GDC Litigation
A contractor recently succeeded, on appeal to the Occupational Safety & Health Review Commission (OSHRC), in getting a General Duty Clause citation issued in...
OSHA’s Confined Space Rule Puts Pressure on Contractors
On May 4, 2015, OSHA released its long-pending 162-page final rule establishing a confined space standard for the construction industry. The rule, which takes...