Freedom to Contract
Are There Limits to What Can Be Included in a Construction Contract?
When reviewing a construction contract, the primary goal is to make sure the...
OSHA Whistleblower Prosecutions Rise
Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...
Heat Stress Standard
There are hundreds of federal Occupational Safety and Health Administration (OSHA) regulations that apply to the construction industry, but you might be surprised to...
Look … Up in the Sky. It’s a Bird, It’s a...
In December 2018, it was revealed via a Freedom of Information Act (FOIA) request that on May 18, 2018, the Occupational Safety & Health...
Line of Defense
There are few things more crippling to the progress and budget of a project than a contractual default. Needless to say, the best preventive...
Liquidated Damages
“Liquidated damages”—the term strikes fear into the hearts of contractors. Liquidated damages, or LDs as they are often called, are monetary damages imposed by...
Dispute Resolution Clauses Are Out of Control!
I am often called upon to review contract documents on behalf of my contractor clients. In doing so, I have noticed a trend lately for...
OSHA Releases Fall Protection Revisions for General Industry
On November 18, 2016, OSHA published a final rule on Walking-Working Surfaces and Personal Fall Protection Systems (29 CFR 1910 Subpart D&I) that takes...
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...
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...