Contractor Labor Law Compliance Under Congressional Scrutiny

A new report issued by the Senate Health, Education, Labor & Pension Committee’s (HELP), Acting Responsibly? Federal Contractors Frequently Put Workers’ Lives and Livelihoods...

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...

Victory for Insurance Policyholders

Contractors responding to construction defect claims often face a conundrum: to repair or not to repair. Early claims on projects may give contractors notice...

Who's The Boss?

Multi-employer worksites often cause headaches when it comes to OSHA enforcement activities. OSHA has a well-established doctrine, which creates four categories of employers who...

Home-Field Advantage

Choice-of-forum clauses (i.e., choice of law, venue, and forum-selection) are common examples of preemptive problem-solving. Though parties to construction contracts do not generally expect...

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...

Crystalline Silica Proposal Presents Construction Challenges

OSHA’s long-awaited proposed standard to limit exposure to respirable crystalline silica in general industry, construction, and maritime operations was published in the September 12,...

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...

What is a Construction Defect?

This is a simple question with a complicated answer. Construction defects are one of the most common causes of disputes and litigation in the...

Coordination and Cooperation

Generally speaking, every construction contract has an implied obligation that the parties won’t interfere with the work of others on a project. Sometimes, though,...