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...
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...
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: 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 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...
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....
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...
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...