Investing in America
For more than a decade, I’ve covered the lack of skilled workers in the trades impacting productivity, profits, and projects across the nation. I’ve...
Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...
When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
A Fine Line: What the Law Says About Contractor Delays to...
As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief,...
The Art of Mediation
Most modern construction contracts include some kind of dispute resolution provision. Because many in the construction industry favor arbitration in lieu of litigation, arbitration...
Get To The Point: Tips for Writing Cure and Termination Letters
All contractors are likely to have to write a cure or termination letter at some point. Unfortunately for the contractor, this need usually arises...
Does Settling an OSHA Citation Make Good Business Sense?
Shortly after issuing a citation to an employer, OSHA will often agree to reduce the penalty amount provided the employer agrees not to contest...
The Cost of Going Paperless
Tips for Managing Electronic Document Costs in Litigation
When project claims are pursued in litigation, contractors are often blindsided by the costs associated with the...
Revised Cost-of-Work Agreement
ConsensusDocs has revised its short form agreement popular for small and medium-size projects.
The ConsensusDocs Coalition was founded in 2007 under the leadership of 20...
Denied Comp Claim Leads To OSHA Visit
Nearly a third of OSHA inspections are triggered by employee complaints of various sorts. In some cases, investigators come to the worksite because a...
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...









