U.S. Supreme Court: We Take Forum Selection Seriously, Even If It...
In the past, contractors may not have paid much attention to whether their contracts contained forum selection clauses to govern contractual disputes, but thanks...
Payment and Performance Bonds
As a matter of routine, on public projects contractors are required to obtain payment and performance bonds, often combined into one instrument, to guarantee...
Learning Curves & Lost Productivity Claims
By Christopher S. Drewry
In construction, productivity is often viewed as manhours per unit of work—greater productivity means fewer manhours spent per unit of work....
What to Do When the Contractor Is Asked to Become the...
On a traditional Design-Bid-Build job, the contractor’s primary role is to implement a design provided to it by the owner, which has typically used...
The Right Routine for Subcontractors
It is late afternoon when a directive comes down from the superintendent: Handle this now. Your foreman has a crew standing by, the material...
Insurance Contract Terms
By Luke J. Farley and Dixie T. Wells
One of the most important functions of a construction contract is to allocate risk between the parties....
OSHA Whistleblower Prosecutions Rise
Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...
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...
OSHA in 2016: Not Exactly a Lame Duck!
As we roll into the final year of the Obama Administration, one might think that regulatory and other enforcement initiatives would slow down at...
Consider a Red Team
Contractors seek out projects, bid and bargain for them, and once awarded, staff and manage them, close them out, then repeat the process. What...









