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...

Resolving Delay Claims In Real Time

Delay damage claims can be difficult, time consuming, complex, and expensive. Some of this is the nature of the claims themselves. But another contributing...

Is Arbitration All It’s Cracked Up To Be?

In the late 1980s, early 1990s, alternative dispute resolution came on the scene and was all the rage as a means to effectively and...

Construction Claims

By Aman Kahlon When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise....

Supervisor’s Misconduct Not Sufficient to Impute Liability

In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
Change Orders

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...
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...

Managing an OSHA Inspection

Know your rights before, during, and after the visit By Samantha Catone, Esq. An unexpected visit from OSHA can be daunting and stressful. While many employers...

Pass-Through Agreements

Maximize chances for recovery By Christopher S. Drewry The shift of a project dispute into claim mode can significantly alter the dynamic of the project participants....

OSHA Emphasizing Corporate-Wide Settlement Agreements

It is no secret that the Occupational Safety & Health Administration (OSHA) is making it tougher to settle cases, at least on terms that...