Silica Rule

OSHA’s New Silica Rule Is At Risk … So Are...

On May 3, 2017, a coalition of construction industry associations formally petitioned the Occupational Safety & Health Administration (OSHA) to commence a limited reopening...

Crane Operator Certification Relief May Be Coming

On February 10, 2014, the Occupational Safety & Health Administration (OSHA) published a proposed rule aimed at revising one of the more controversial provisions...

Home-Field Advantage

Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...

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”...

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...

Contract Payment Provisions: A Primer for Prompt Payment

By Anthony M. Kroese, Esq. Despite best-laid plans, a construction project can stall to a halt without a smooth payment process. Often construction contracts include...

Documentation 101

Sometimes disputes are simply unavoidable. Whether addressed at the project level or through litigation, construction disputes often involve a series of interrelated, complex issues...

Employers Face Big Changes Under New OSHA Rules

This year, OSHA is likely to engage in a series of far-reaching regulatory changes—from increased fines to stepped-up inspections—that could affect countless numbers of...

When “Smart” Tools  Make Dumb Mistakes

The construction industry is embracing Artificial Intelligence (AI) tools and the effects are materializing. In a September 2025 analysis of survey data from over...
employee misconduct

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...