Preparing for an OSHA Inspection 101
When it comes to OSHA inspections, preparation is critical. Figuring out what to do (and who should do it) only after an inspector arrives...
Tricks and Traps to Avoid With Factoring Companies
Factoring, as a form of commercial finance, has a long established history. It is, essentially, the business of buying accounts receivable at a discount—a...
The Overlooked Edge
In construction disputes, proving damages often begins with a seemingly simple question: “What will it cost to fix?” Owners, developers, and their consultants routinely...
Negotiating Change Provisions, Change Orders, and Change Directives
The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...
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...
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...
OSHA Silica Enforcement Gathers Momentum
The first full year of OSHA’s enforcement of its new crystalline silica standard has been completed for the construction sector, and data is now...
Contingent Payment Clauses: How to Make Them Viable
Many standard subcontracts contain what in construction parlance is referred to as a contingent payment clause, which provides that a subcontractor’s payment from a...
Weather Delays
A Few Tips on Entitlement and Quantification
Just this past month, we had substantial rain that caused flooding in many areas throughout Middle Tennessee. As...
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...