Employee Misconduct

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...

The Colorado Decision

Currently, 23 states and the District of Columbia have legalized medical use of cannabis (some in all forms, other states have legalized CBD oil...

Home-Field Advantage

Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...

Business Retooling

By Danielle Waltz and Alexis Hailpern Although deemed an “essential business” by many states, the construction industry is evolving in conjunction with a pandemic and...

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...

Ebola: OSHA Gets Into The Act

For the past month or so, the lead story in every radio newscast and online report has involved the potential threat from the Ebola...

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...

Design Build

The traditional method of project delivery consists of three distinct phases, design-bid-build, with a transition from one phase to the next only after “completion”...
Learning Curves & Lost Productivity Claims

Learning Curves & Lost Productivity Claims

By Christopher S. Drewry In construction, productivity is often viewed as manhours per unit of work—greater productivity means fewer manhours spent per unit of work....

OSHA in 2016: Not Exactly a Lame Duck!

As we roll into the final year of the Obama Administration, one might think that regulatory and other enforcement initiatives would slow down at...