liquidated damages clauses

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...
Fixed Price Contract

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...
Silica Rule

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...
OSHA inspection

Preparing for an OSHA Inspection 101

When it comes to OSHA inspections, preparation is critical. Figuring out what to do (and who should do it) only after an inspector arrives...
Spearin Doctrine

The Spearin Doctrine Is 100 Years Old

Contractors are governed by the terms of their contracts, statutes, regulations, and case law. The contract can consist of the terms and conditions of the...
OSHA Interviews

OSHA Interviews: Understanding and Exercising Your Rights

Section 8(a) of the Occupational Safety and Health (OSH) Act of 1970 authorizes OSHA to inspect workplaces “during regular working hours and at other...
Delay Claim Preclusion

Delay Claim Preclusion for Failure to Meet Contractual Notice Provisions— An...

When a contractor encounters delays on a project, one of the first prerequisites in response thereto is to determine the notice requirements under the...
Volks

Congress Overturns OSHA Recordkeeping Rule

On March 1, 2017, the U.S. House of Representatives passed a resolution of disapproval, under the Congressional Review Act, to block OSHA’s “Volks” rule....
hot-tubbing

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...
Intentional Breach

Avoiding “Intentional Breach” of Construction Contracts

Most contractors are aware of the importance of avoiding so-called “material” breaches of their contracts—i.e., breaches that are significant enough to give the other...