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No Damages for Delays if Contractually Waived
Subcontractor cannot obtain damages triggered by delays caused by the owner’s or contractor’s ineptitude if this right is contractually waived. Kent Holland Jr., in an article in ConstructionRisk.com explains why a New York court ruled against a
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South Carolina MOX Project In Financial Crisis
South Carolina’s suit against the Department of Energy requests $100 million in construction delay penalties. The saga of the construction of the Mixed-Oxide (MOX) Fuel Fabrication Facility in Aiken, S.C., contains elements of everything that can g
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Pennsylvania Introduces Online Mechanic’s Lien Procedures
The amended statute protects the rights of both owners and subcontractors if they register online in a timely manner. Traditional mechanic’s lien laws allow a subcontractor who has not been paid to file a lien against the owner of a project. To pro
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A Review of the Miller Act
A brief reminder of the Miller Act’s purpose and how to ensure coverage. The Miller Act has two elements. It requires prime contractors on some, but not all, federal government projects to obtain performance bonds that protect the government (the o
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CSC Speakers Discuss Topics Ranging from Litigation to Safety Education
Atlanta – Kevin Gaffney, director, CSC: “The Construction SuperConference plans its educational content to comply with the accreditation requirements accepted by most major credentialing organizations, which allow for attendees to obtain M
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Opinion—Scott Pruitt Advocates a Much Needed Reset for the EPA
Mr. Pruitt believes the EPA should follow the mandates of Congress. The Senate, after contentious partisan hearings, confirmed Scott Pruitt, the former attorney general of Oklahoma, as the head of the Environmental Protection Agency (EPA). This could
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Notice Provisions in Related Contracts May be Binding
In New York, a subcontractor may be bound by notice provisions in the contract between the prime contractor and the owner. All contractors know that failure to comply with notice provisions in construction contracts may jeopardize their ability to li
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OSHA Stops Publication of Workplace Safety Violators
The new administration has ended what critics called a campaign of public shaming. The Occupational Health and Safety Administration (OSHA) has, since its creation, worked aggressively to make the work place safer for American workers. Critics, and t
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Lessons Learned from Dakota Pipeline Permitting Process
The permitting process for major projects is a complicated, disorganized boondagle. The permitting process for large, multistate infrastructure construction projects is a disorganized piece-meal review by multiple federal and state agencies in which,