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...
Managing Regulatory Risks
New Minnesota Laws Impose Sanctions
For larger contractors operating in several states, it is important to stay current on changing local labor laws. Minnesota, for...
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...
Becoming Ethical: A Contractor’s Dilemma
In a recent article, I raised the issue of construction ethics. Specifically, how does the construction contractor act when faced with ethical dilemmas? Do...
Contract Language: Force Majeure Clause and its Definition
By Diana Parks
In the event COVID-19 takes a toll on the American workforce and directly affects U.S. construction projects, know what’s defined in your...
Ebola: OSHA Gets Into The Act
For the past month or so, the lead story in every radio newscast and online report has involved the potential threat from the Ebola...
Freedom to Contract
Are There Limits to What Can Be Included in a Construction Contract?
When reviewing a construction contract, the primary goal is to make sure the...
OSHA Not Entitled To Review All Safety Audits
A federal district court has held that the Occupational Safety & Health Administration (OSHA) does not have authority to review an employer’s internal safety...
OSHA’s Confined Space Rule Puts Pressure on Contractors
On May 4, 2015, OSHA released its long-pending 162-page final rule establishing a confined space standard for the construction industry. The rule, which takes...
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...