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...
Supervisor’s Misconduct Not Sufficient to Impute Liability
In construction cases, often a question of vicarious liability arises when a supervisor, whose conduct and knowledge may generally be imputed to the employer...
U.S. Supreme Court: We Take Forum Selection Seriously, Even If It...
In the past, contractors may not have paid much attention to whether their contracts contained forum selection clauses to govern contractual disputes, but thanks...