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 – Part 1
Part 1 of 4: Contractor Work Rules
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
What is a contractor to do when, despite its...
Do I Need An Expert Witness? How Do I Find One?
When contractors get involved in arbitration or litigation, a question that the contractor and its counsel will often have is whether an expert witness...
Federal Court Upholds OSHA’s Expansive Subpoena Power
The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...
OSHA’s “Nudge” on Workplace Safety
In May 2016, the Occupational Health and Safety Administration (OSHA) published its Final Rule to Improve Tracking of Workplace Injuries and Illnesses. This rule...
Dealing with Difficult Parties on a Project
If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...
Heat Stress Standard
There are hundreds of federal Occupational Safety and Health Administration (OSHA) regulations that apply to the construction industry, but you might be surprised to...
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...
Widespread Failures
In September 2024, the panel investigating the 2017 fire in the Grenfell Tower in London, England, which killed 72, issued its final report, placing...
GAO/COFC Bid Protest Splits
When filing bid protests, contractors have two choices outside of the agency itself: the Government Accountability Office (GAO) and the Court of Federal Claims...