OSHA & MSHA Penalties Significantly Raised
On July 1, 2016, the US Department of Labor (DOL) issued an interim final rule raising civil penalties by nearly 80 percent in some...
Construction Defect Claims in the Concrete Industry: An Overview
By Thomas More Buckley
In an ideal world, proper and careful craftsmanship would be all that was needed to avoid claims for a construction defect....
Avoid Lack of Privity
Express third-party beneficiary clauses
By Alexis Hailpern and Danielle Waltz
The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...
Technology and the Law
Can Digital Signatures or Emails Be Used to Create a Valid Contract?
Last month, we addressed the question of whether there are limits to what...
How to Make a Bad Situation Worse
It is said that the definition of insanity is doing the same thing over and over, and expecting a different result. In a recent...
Evaluation Disputes
By Nicholas T. Solosky
The Contract Disputes Act (CDA) creates the framework for handling “claims” against the government on Federal contracts. Contract claims most commonly...
It’s Miller (Act) Time
No contractor wants a payment dispute, but they’re a fact of life for many construction professionals. Lien clams provide one of the most powerful...
What’s the Risk?
Most construction professionals probably would not enter a contract if they were not absolutely certain what the work was, when it needed to be...
Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 2
Part 2 of 4: Effective Communication Methods
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In part one of the four-part series addressing the...
Resolving Delay Claims In Real Time
Delay damage claims can be difficult, time consuming, complex, and expensive. Some of this is the nature of the claims themselves. But another contributing...