Claims and Defenses to the Owner’s Actions
With many construction projects, it is an all too familiar scenario where the project is being delayed or impacted through the actions of the...
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...
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...
OSHA and The Trump Administration: The First 200 Days
Any new presidential administration is likely to bring a new philosophy, vision, and focus to a variety of issues—including workplace safety and health. More...
OSHA Launches E-Recordkeeping Data Submission Platform
On August 1, 2017, OSHA went “live” with its data submission platform that certain employers will need to use when submitting their injury and...
Settlement Clauses – Buyer Beware
Contractors have claims on projects all the time. Contractors seek additional compensation and time extensions on projects for many legitimate reasons. Some owners have...
OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?
Since OSHA’s mission statement is “to assure safe and healthful working conditions for working men and women,” it’s no surprise that its enforcement authority...
Liquidated Damages Clauses
Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...
Making Claims for Additional Money Under a Fixed Price Contract
When a contractor bids a fixed price job, it has to make a series of assumptions about what its direct costs to complete the...
OSHA’s New Silica Rule Is At Risk … So Are...
On May 3, 2017, a coalition of construction industry associations formally petitioned the Occupational Safety & Health Administration (OSHA) to commence a limited reopening...