Don’t Borrow Trouble … or Scaffolds

A Georgia stucco contractor learned the hard way that borrowing another subcontractor’s defective scaffolds can result in some heavy OSHA penalties. In the July...

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”...
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 benefit of mediating

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...

Coordination and Cooperation

Generally speaking, every construction contract has an implied obligation that the parties won’t interfere with the work of others on a project. Sometimes, though,...

Critical Provisions

Pay-if-paid and pay-when-paid provisions and their legal effect can have critical consequences for contractors on construction projects when an owner becomes insolvent or fails...
OSHA citation

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...

When All Goes Awry

Something goes wrong—perhaps the collapse of a structure during construction, the serious injury of an employee on the job, or an accident with a...
Contractor’s Options in Response to Lower Tier Mechanic’s Liens

What Are the Contractor’s Options in Response to Lower Tier Mechanic’s...

For a contractor, knowing how to record a mechanic’s lien to secure its own payment upstream is one thing. However, knowing what to do...

Contractor’s Considerations When Addressing Dispute Resolution Provisions

Important considerations exist for contractors when negotiating contract terms pertaining to dispute resolution. In addition to litigation through court, other alternative dispute resolution options...