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...
workers on scafolding

OSHA Out of Luck Where Company Lacks “Employees”

Every now and then, I represent small companies in fighting citations issued by the Occupational Safety & Health Administration where OSHA jurisdiction becomes a...

How to Save Money in a Construction Lawsuit

To avoid a lawsuit, general contractors use practical tips such as: 1) read and understand everything, 2) document everything—and keep it, 3) don’t do...

Liquidated Damages Clauses Commonplace in Construction Contracts

Recent Texas Supreme Court case offers important industry wide lessons in enforceability Liquidated damages are well known within the construction industry. Typically, parties designate damages...
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PELs Prosecution Raises Specter of Broader GDC Enforcement

For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...

Federal Circuit’s Decision Fixes Good Faith and Fair Dealing

Now for some good news in government contracts law. On February 11, 2014, a three-judge panel of the Federal Circuit reversed the Court of...

Public Owner’s Duty to Act in Good Faith

Decision may be helpful for contractors dealing with government entities Most contractors have worked on projects that were delayed for reasons outside their control. Many...
Worker in a trench

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...
Safety clothes

Defining Clothes

Supreme Court weighs in on payment for putting on protective gear It is rare that safety-related cases make it to the highest court of the...