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...
Does Settling an OSHA Citation Make Good Business Sense?
Shortly after issuing a citation to an employer, OSHA will often agree to reduce the penalty amount provided the employer agrees not to contest...
Line of Defense
There are few things more crippling to the progress and budget of a project than a contractual default. Needless to say, the best preventive...
OSHA’s New Regulatory Agenda Revealed
On July 3, 2013, the U.S. Department of Labor released the regulatory agenda for the Occupational Safety and Health Administration (OSHA). While much of...
Are Broad Risk-Shifting Provisions Concerning Site Conditions Enforceable?
Contractors often bid projects based solely on information provided by owners and after only a limited site investigation. Yet, owners often use broad risk-shifting...
Concurrent Delays
By Aman Kahlon
A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one...
Everyone in the “Hot Tub”— Experts Only
More and more, we try to get creative with ways to resolve disputes. Years ago, the construction industry and construction lawyers realized that litigation...
The Art of Mediation
Most modern construction contracts include some kind of dispute resolution provision. Because many in the construction industry favor arbitration in lieu of litigation, arbitration...
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....
OSHA Out of Luck Where Company Lacks “Employees”
Every now and then, I represent small companies in fighting citations issued by the Occupational Safety & Health Administration where OSHA jurisdiction becomes a...