“Look Back” Rule for OSHA Violations is Not Absolute

A recent Second Circuit ruling give OSHA increased discretion in applying the “look back” rule. OSHA’s Field Operations Manual indicates that OSHA officials may “look back” five years when determining whether a company is a repeat violator

Reasonable Interpretation of Overall Contract Language Determining Factor in Contract Enforcement

A typographical error in a heading is not enough to void an entire clause. There are a number of standards a court can apply when interpreting the meaning of a contract. One is the actual wording, and sometimes punctuation, of the contract. Another i

OSHA’s Silica Rule Upheld by D.C. Court of Appeals

The respirable crystalline silica exposure rules remain in effect, for now. OSHA began enforcing stricter requirements for limiting exposure to airborne respirable crystalline silica in September 2017. “The new rule lowers the permissible exposure

California Aggressively Pursues Hazardous Waste In Dumpster Violations

This is a cautionary tale for contractors The California Attorney General, in conjunction with local State District attorneys, spent two years inspecting the material deposited in dumpsters of Home Depot stores for illegally discarded hazardous waste

Call For Presentations 2018 Construction SuperConference

The Construction SuperConference is now accepting proposals for the annual event to be held December 10-12, 2018, in Las Vegas at the Encore at Wynn. The Construction SuperConference is regarded as one of the leading industry events for construction

Opinion—The Waters of the US Controversy Continues

By Don Wallis. The recent Supreme Court decision adds more uncertainty to the issue.  During the Obama administration, the  U.S. Environmental Protection Agency (EPA) expanded its powers under the Waterways of the United States (WOTUS) Act to inclu

It is now Illegal in New Jersey for Businesses to Discriminate Against Employees who are Breastfeeding

The New Jersey regulations are stricter than the federal law addressing the same issue. Under federal law, all employers with over 50 employees must comply with regulations that make it illegal to discriminate against employees who are breastfeeding.

New California Law Makes Direct Contractors Liable for Unpaid Wage Obligations of Subcontractors

AB 1701 places the burden on direct contractors to protect themselves from these claims. The 2017 California Legislature passed AB 1701 making direct contractors (contractors dealing directly with owners) responsible for the wage obligations of their

The Power of Arbitrators in Construction Litigation Reaffirmed

The Seventh Circuit reaffirms an arbitrator’s power to rule on questions of fact. A recent federal case in Illinois, Laborers’ Fund v. W.R. Weis Company, Inc., F.3d, 2018, WL 316555 (7th Cir. Jan. 8, 2018), has confirmed that the long-standing ab