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...
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...
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...
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...
Public-Private Partnerships
Public-private partnerships, also referred to as P3s, are an emerging alternative for public entities attempting to finance and execute improvements to public infrastructure in...
Crane Operator Certification Relief May Be Coming
On February 10, 2014, the Occupational Safety & Health Administration (OSHA) published a proposed rule aimed at revising one of the more controversial provisions...
Vicarious Liability for Sexual Harassment
It should come as no surprise that the brand of humor enjoyed by workers on many construction sites is not for the faint of...