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,...

Subcontractor Default & Surety Performance

On large commercial, industrial, and energy projects in both the public and private sphere, general contractors may require those subcontractors performing significant scopes of...

OSHA’s New Regulatory Agenda Revealed

On July 3, 2013, the U.S. Department of Labor released the regulatory agenda for the Occupational Safety and Health Administration (OSHA). While much of...

Get To The Point: Tips for Writing Cure and Termination Letters

All contractors are likely to have to write a cure or termination letter at some point. Unfortunately for the contractor, this need usually arises...

A Fine Line: What the Law Says About Contractor Delays to...

As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief,...

OSHA Tightens VPP Eligibility

OSHA’s longstanding, often-praised “Voluntary Protection Program” (VPP) recognizes employers and workers in both the private and federal sectors who implement effective safety and health...

Where-Oh-Where?

Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court. Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...

Resolving Delay Claims In Real Time

Delay damage claims can be difficult, time consuming, complex, and expensive. Some of this is the nature of the claims themselves. But another contributing...