Supervisor’s Misconduct Not Sufficient to Impute Liability
In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
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...
Owner Concerns
By Danielle Waltz and Patrick Estill
The modern contractor is no stranger to dealing with increased building costs and delays in getting project inputs to...
How to Save Money in a Construction Lawsuit
To avoid a lawsuit, general contractors use practical tips such as: 1) read and understand everything, 2) document everything—and keep it, 3) don’t do...
Subcontractor Injuries
Determining Liability and the Responsible Party
By Thomas M. Buckley
In today’s legal landscape, contractors need to be on guard against claims for an injury to...
Compensable Time
By Christopher Scott D'Angelo
The U.S. Department of Labor (DOL) recently announced that it reached a settlement and the entry of a Consent Order with...
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...
OSHA Focus is on Violation, Not Fatality
OSHA’s burden in a fatal accident case is not to prove that a violation caused a worker’s electrocution death, but to prove that it...
OSHA Reform Legislation Heightens Enforcement Consequences
On March 22, 2013, Sen. Patty Murray (D-WA) and 10 other Senate democrats introduced S. 665, the “Protecting America’s Workers Act” (PAW Act). This...
What About Taxes?
By Christopher Scott D’Angelo
In the July 2020 article, I focused on contractor responsibilities for operations and worksite safety relating to COVID-19 and the pandemic...