Unpreventable employee misconduct

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...

Pass-Through Agreements

Maximize chances for recovery By Christopher S. Drewry The shift of a project dispute into claim mode can significantly alter the dynamic of the project participants....
Local Law 196

NYC Local Law 196: Coming to a Town or City Near...

Local Law 196 of 2017 was enacted in response to the increase in fatalities on construction sites in New York City (NYC). It amended...
Fixed Price Contract

Making Claims for Additional Money Under a Fixed Price Contract

When a contractor bids a fixed price job, it has to make a series of assumptions about what its direct costs to complete the...

OSHA’s New Regulatory Agenda Revealed

On July 3, 2013, the U.S. Department of Labor released the regulatory agenda for the Occupational Safety and Health Administration (OSHA). While much of...

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...

Price Escalation

Construction industry participants—from owners down to subcontractors and suppliers—have become all too familiar with dramatic increases in the price of certain construction materials since...

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...

When Lawyers Use Safety Rules Against You

Safety is always important to a responsible contractor. Concrete work in particular presents hazards including exposure to caustic cement materials and the use of...

Panacea or Pariah?

The ever-evolving construction industry landscape forces contractors, design-build firms, and design professionals to seek innovative ways to enhance efficiency, reduce costs, and remain competitive...