Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements related to heat stress. OSHA
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Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor
A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In Berkley Ins. Co. v. Suffolk Constr. Co., No.…
Designer Qualifies as Subcontractor Under Colorado Prompt Payment Act
The court in AECOM v. Flatiron was back at it last week with rulings on the parties’ post-trial motions. As you may recall, the case was tried to a jury earlier this year. The jury returned a verdict for AECOM in the…
Mistake No. 6 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Marketing Your Special Construction Lawyer Skills
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in…
United States Ordered to Pay Breach of Contract Damages to Nuclear Operator in Spent Fuel Dispute
The Federal Court of Claims recently ruled in favor of the operator of the Vermont Yankee nuclear power plant in its long-running dispute with the United States over the disposal of spent nuclear fuel (NorthStar Vermont Yankee, LLC v. United States,…
Must Read Decision Involving Construction Joint Ventures
A recent decision from the U. S. District Court for the Middle District of Florida, is a MUST READ for any lawyer or construction executive involved with joint ventures (“JV’s”). This decision provides a rare, detailed look into the contentious…
Mistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing Counsel
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in…
The Finality of Arbitration: Supreme Court of South Carolina Curbs Arbitration Panel’s Authority
Will White is a co-author of this post, and is a Summer Associate at Bradley.
One of the several attractive aspects of arbitration is the finality of the decision. With limited grounds to appeal or vacate an arbitration award, litigants…
Inflation Reduction Act Prevailing Wage and Apprenticeship Compliance: Treasury and IRS Issue Final Rule
On June 18, 2024, Treasury and the IRS released the final rule for compliance with the prevailing wage and apprenticeship requirements (PWA requirements) pursuant to the Inflation Reduction Act of 2022 (IRA). This final rule is scheduled to be formally…
Mistake No. 4 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Knowing When to Fold ‘Em
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in…