EPA “Sue and Settle” Practice Now Limited

The EPA has issued a directive limiting the sue and settle practice. The United States Environmental Protection Agency (EPA) has traditionally allowed suits regarding non-discretionary statutory deadlines brought against the Agency by environmental a

Federal Court Strikes Down the Fair Play and Safe Workplaces Order

This ruling eliminates onerous reporting requirements for contractors The revisions to the Fair Play and Safe Workplaces Rule (FAR), enacted by Executive Order 13673 and the Department of Labor, have been contested by the construction industry since

Indemnification Agreements May Require Defense of Unproven Negligence

The wording of an indemnification clause is important. Indemnification clauses are usually part of construction contracts between owners, and contractors or design professionals. They stipulate that the contractor or design professional will “indem

“Fake President” Fraud Coverage Decisions Leave Contractors in Legal Limbo

Differing district court opinions make it difficult to prepare for email fraud. Large companies with significant cash flows are increasingly the target of criminals who represent, via email, that they are the president of the company requesting that

AGC to Offer Lean Construction for Executives Session at 2017 Construction SuperConference

Kevin Gaffney, conference director, “This is a great opportunity for executive and leaders in the legal and construction fields to investigate the benefits and revenue opportunities associated with lean construction.” : Read the Full Story » AGC

Opinion—What are the economic benefits of President Trump’s wall?

By Don Wallis The wall could be a boon to the construction industry It remains unclear whether the security barrier along the border between Mexico and the United States should or will be built. President Trump says the project will cost $12 to $15 b

Contract and On-site Actions Determine Liability for Accidents

The general contractor is held liable despite transfer of responsibility to subcontractors. An Indiana appellate court has ruled that a general contractor that contractually agrees to actively oversee job safety cannot escape liability for on-site in

Texas Court Overturns Obama’s Overtime Rule

The 2014 DOL rules remain in place One of President Obama’s last acts while in office was to instruct the Department of Labor to revise the Fair Labor Standards Act’s “executive, administrative, and professional (‘EAP’) exemptions.” As an

Purchasing Materials for a Subcontractor has Risks

Advice on how general contractors can protect their interest in this material All general contractors know it is best not purchase materials for a subcontractor or fabricator. This rule is often overlooked when the inability of a sub to purchase mate