Workplace Safety–the Unpreventable Employee Misconduct Defense
Just because an employee gets hurt on the job does not mean you are facing an OSHA penalty. Employers have a defense to an OSHA citation when the violation of a safety rule was due to unpreventable employee misconduct. However, proving this defense requires substantial planning, well before an incident [...]
So You’ve Got A Construction Lien, Now What?
Contractors sometime believe that once the lien is filed, they are home free for getting paid. Unfortunately, that is often not the case. There are always concerns about whether the owner has sufficient funds to pay the contractor and subcontractors. Obviously, that is why the lien was filed. There are [...]
Arbitration versus Litigation
Construction contracts often contain an arbitration or litigation provision. While each forum has its advantages, a question often times overlooked is whether an arbitration provision is enforceable. Litigation is the Default Litigation is the default method of dispute resolution. This is not to say that litigation is the best way [...]
Executive Order Requires Government Contractors to Review Employee Training
On September 22, 2020, President Trump issued an executive order entitled Combatting Race and Sex Stereotyping. The Executive Order requires contractors to review the anti-harassment training they provide to their employees and include additional language in their subcontracts. The Purpose of the Executive Order The express purpose of the Executive [...]
Change Order Best Practices—Document the Request
You know the situation, the project manager or superintendent just cornered you on the job site and told you that he needs some extra work. But, what you do next may very well make the difference on whether you get paid for that extra work. Document the Conversation The first [...]
Should you Update your Construction Contracts after COVID?
There are few, if any, construction projects that were not impacted by COVID-19. Now that we have all dealt with these impacts, it’s time to look ahead and determine if your construction contracts should be updated to address these impacts. Below are some provisions that you should review to address [...]
About the Blog
The Midwest Construction Contractor Advisor was created to offer legal discussion and encourage the use of social media in the construction industry.
Craig F. Martin
Editor and Author