Federal Court Upholds OSHA’s Expansive Subpoena Power
The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...
Scope of Work
Few items in a construction contract are more important than a clear, well-defined scope of work that, in detail, outlines the work a contractor...
Let’s Be Clear
The goal of contract drafting is to create a written instrument that leaves no doubts regarding the parties’ obligations; however, construction contracts often contain...
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...
OSHA Expands “Reportable” Incidents in Final Rule
On September 18, 2014, OSHA published in the Federal Register a 60-page Final Rule changing requirements for Injury and Illness Recordkeeping and Reporting under...
The Signed Change Order
A common dispute handled by construction attorneys is the contractor or subcontractor attempting to recover for change order work when there is no written,...
Avoid Fleet Management Nightmares
Construction companies and others who manage fleets of vehicles—whether delivery drivers, on-road equipment operators, sales personnel, or managers who travel between worksites using company...
Tricks and Traps to Avoid With Factoring Companies
Factoring, as a form of commercial finance, has a long established history. It is, essentially, the business of buying accounts receivable at a discount—a...
OSHA Policy Gives Teeth to Temporary Worker Enforcement
On July 15, 2014, the Occupational Safety & Health Administration issued a policy document on its temporary worker initiative (TWI), which has now been...
The Third-Party Plaintiff and the Certificate of Merit
An owner’s belief that there is a defect in the contractor’s work is a common source of construction disputes throughout the country. When such...