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...
Minimizing OSHA Liability

Minimizing OSHA Liability : More Than an Ounce of Prevention

OSHA penalties can be costly. In fact, a single “repeat” or “willful” violation can result in a penalty of $126,749. And, if you have...

Labor and Employment Update

Employee Verification and the Newly Released I-9 Form Labor and employment laws regularly intersect with the construction industry—whether you are dealing with employment issues such...

OSHA Proposes New Safety & Health Management Guidelines

OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...

Where-Oh-Where?

Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court. Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...

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...

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...

Watch Your Language

Avoiding the High Costs of Delays Schedule delays, and their concomitant costs, are an unfortunate reality for many construction projects. For the project owner or...

Cost Escalation Clauses

By Luke J. Farley and Dixie T. Wells  The construction industry has been left scrambling due to materials shortages and volatile pricing brought on by...
Worker in a trench

Protection Liability

Vetting commercial general liability protection against construction defect claims There is nothing new about general contractors including terms in their subcontracts that require subcontractors to...