Liquidated Damages Clauses
Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...
Look … Up in the Sky. It’s a Bird, It’s a...
In December 2018, it was revealed via a Freedom of Information Act (FOIA) request that on May 18, 2018, the Occupational Safety & Health...
Minimizing OSHA Exposure
It has often been said, “In the eyes of , if it isn’t written down, it didn’t happen.” Regardless of whether this view is...
Payment Remedies in Construction Contracts
Contractors typically have a number of powerful remedies to obtain payment for contracted construction services, either by forcing compliance with payment requests or elevating...
Standard of Care
By William S. Thomas
These words by artist, architect, and designer Eero Saarinen—always design a thing by considering it in its next larger context—challenge modern...
Delay Issues
Since March, the COVID-19 pandemic has wreaked havoc on the United States and the rest of the world. Beyond the obvious health consequences and...
Contract Language: Force Majeure Clause and its Definition
By Diana Parks
In the event COVID-19 takes a toll on the American workforce and directly affects U.S. construction projects, know what’s defined in your...
Lien Rights: Remedies for Potential Issues on the Project
By Aman Kahlon
Liens are one of the primary tools for the construction industry to secure payment claims. However, lien rights and remedies vary between...
Deflate-gate, the False Claims Act, and Dishonest Competitors
I think the reason “deflate-gate” got so much press is that we, as Americans, believe in fairness in our sporting events. But there are...
Construction Sites
By Christopher Scott D'Angelo
Much has been written since the pandemic related shut-down was imposed addressing what rights, liabilities, and remedies may exist between the...