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...
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...