The purpose of construction documents is to enable the contractor to provide the owner with a set price. For the contractor to establish a set price, the exact quantity of work has to be shown in the construction documents. Sometimes the exact quantity of items required for the work has not been decided or cannot... Continue Reading →
The Occupational Safety and Health Administration (OSHA) reported that 22 workers died in the first half of 2022 due to deadly hazards present in trenching and excavation work. In response, OSHA has launched an enhanced nationwide enforcement effort and additional oversight of construction sites to ensure that contractors properly implement federal workplace safety requirements for... Continue Reading →
It is certain that construction projects will be impacted during the ongoing COVID-19 pandemic. Almost immediately after states issued stay-at-home orders, contractors started putting owners on notice that they are likely to have delay claims due to the social distancing guidelines as well as expected supply chain disruptions. If you have construction contract administration responsibilities... Continue Reading →
The following case study shows the importance of a well-drafted professional services agreement that clearly delineates a firm’s scope of services and explicitly places responsibility for site safety with the contractor. If the agreement provides for any construction phase services by the design professional, the agreement should include express language that the contractor is solely... Continue Reading →
As a result of Congressional action last year, the Department of Labor announced that it will raise by 78% the maximum penalties it can impose for violations of Occupational Safety and Health Administration (OSHA) rules. The changes affect penalties assessed after Aug. 1, 2016 for violations that occurred after Nov. 2, 2015. The Labor Department... Continue Reading →
Additional insured status on a contractor’s CGL policy is most beneficial for claims involving bodily injury to construction workers, but it may also provide protection from third-party or non-worker bodily injury or property damage claims. In these instances, architects and engineers may benefit from having the contractor’s CGL policy provide them with a defense that... Continue Reading →
As risk managers working with policyholders, we try to stay current on developments affecting the A/E community to get a better understanding of the current business environment and the challenges firms face to run successful consulting practices. We often visit with firms to discuss the risk management resources that are available, and during such discussions... Continue Reading →
