From the category archives: Legal

Legal

OSHA Finalizes Electronic Recordkeeping Rule

Effective Aug. 10, companies in high-hazard industries (including construction) with at least 20 employees must electronically submit injury and illness information, which OSHA will then post on its website.

The Value of an Annual Partnering Meeting

The results of the partnering meeting, as it becomes an annual tradition, will prove to be valuable throughout the year, and help to provide a big-picture view of the construction business that otherwise would not be possible. 

Methods of Obtaining a Stay Pending Another Arbitration

  Use of a motion to stay is a more straightforward method of obtaining a stay. However, a preliminary injunction can get the attorney in front of the court, and it could be a quick or last option to stay an arbitration. 

Assignment Issues Implicated in Contract Clauses

  In theory, the purpose of an anti-assignment clause is to protect a party’s right to choose who it works for. Most industry professionals believe such a clause prevents assignment and conduct their affairs accordingly. If the goal is to actually prevent an assignment while a contract is executory, the clause needs to specifically state that any assignment in violation of the agreement is void and unenforceable.

Agencies Consider Updating Regulations Governing Human Trafficking and the Audit Process

  As these changes unfold during the coming months, construction companies performing government contracts should keep an eye on further guidance from the government regarding anti-human trafficking regulations and updates to current cost accounting methods. Interested parties should ensure that their internal procedures can be easily brought into compliance with the new requirements. 

Dividing Liability at Contaminated Sites

Falling under the Environmental Protection Agency’s (EPA) hammer of “joint and several liability” in contaminated site cleanup cases is a costly proposition. Recently, the Supreme Court has thrown open the door to dividing these costs, and courts are now considering how to do it.  

Limit Litigation Expenses By Streamlining Storage of Electronic Information

There is no way to make litigation and electronic discovery inexpensive, but there are ways to reduce the expense if both sides communicate and commit to the process, and if a company manages its data so that it is easily accessible in the event litigation arises. 

Maximizing the Enforceability of Teaming Agreements

  Basic contract law often treats teaming agreements as unenforceable “agreements to agree” (i.e., the parties agree that if, in the future, the bid proposal is accepted, then at that time the parties will negotiate the terms regarding the work to be performed). As such, contractors and subcontractors are placed in the unenviable position of needing an agreement that is frequently worth no more than the paper it is written on. 

Obama Administration Accelerates Anti-Business Labor Agenda

  As the Obama administration nears its conclusion, federal labor agencies seem intent on issuing as many burdensome and anti-business regulations as possible. Many of the new rules are unprecedented in their scope and change decades of policies on which employers have come to rely. 

Executive Insights

Construction defect laws requiring pre-suit proceedings are intended to reduce litigation but result in extensive costs if not managed properly. Every contractor can do three things to reduce construction defect costs.
//to add proper spacing in between panes
 

Industry Changes Push AEC Firms Toward Proactive Recruitment
When it comes to recruitment, the AEC industry is grappling with an already...

Gauging the Swing of the Republican Pendulum
As suddenly as the window of opportunity blew open for Republicans by the winds...

Q: What does it mean for your company to be employee-owned?
Employee ownership allows Choate to share long-term success with our employees...

Service Above Self
Two years ago, Gary Neal—an engineer and project manager with MEC Contractors...

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