OSHA Not Entitled To Review All Safety Audits
A federal district court has held that the Occupational Safety & Health Administration (OSHA) does not have authority to review an employer’s internal safety...
Negotiating Change Provisions, Change Orders, and Change Directives
The Greek philosopher Heraclitus once wrote that nothing endures but change. That adage certainly holds true in the construction industry. Nearly every construction project...
OSHA’s Enterprise-Wide Abatement Policy Under Attack
Since 2010, the current OSHA administration has periodically sought to impose what it calls “enterprise-wide abatement” requirements as a term and condition of settling...
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...
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...
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...
Workforce Development Assessment Tool
In the modern construction industry, finding and retaining a sufficient number of reliable, skilled workers proves to be an ongoing challenge faced by many...
Contractor’s Considerations When Addressing Dispute Resolution Provisions
Important considerations exist for contractors when negotiating contract terms pertaining to dispute resolution. In addition to litigation through court, other alternative dispute resolution options...
OSHA Puts Construction Company Out of Business … Permanently!
You think you’re having a bad day when OSHA knocks on your door or shows up at your worksite, right? What about when OSHA...
The Colorado Decision
Currently, 23 states and the District of Columbia have legalized medical use of cannabis (some in all forms, other states have legalized CBD oil...