TOUGHER INSPECTIONS, HIGHER FINES EXPECTED IN OBAMA ADMINISTRATION

Labor and business sources familiar with OSHA have predicted tougher OSHA inspections and higher fines under President-elect Obama. Cooperative programs have historically been less of an interest to Democratic administrations than enforcement. Accordingly, OSHA is widely expected to step back from its recent emphasis on voluntary worker protection in favor of stiffer enforcement and penalties. […]

FAILURE TO DEMAND ARBITRATION IN ACCORDANCE WITH CONTRACT IS FATAL TO SUBCONTRACTOR CLAIMS.

Court’s in many jurisdictions, including Oklahoma, strictly interpret and apply time limits in contracts. This is especially true when satisfying those time limits is a precondition to a contractor’s right to exercise certain rights under the contract. One subcontractor in Florida learned this the hard way. In that case the subcontractor made a claim for […]

BID PROTEST DERAILS LAS VEGAS MOB MUSEUM PROJECT.

A bid dispute involving an $11.5 million contract threatens to substantially delay the City of Las Vegas’ plans to build a $50 million Mob Museum designed to chronicle the influence of organized crime on Southern Nevada. The dispute evolved after the City publicly opened and then rejected all bids submitted at the first bid opening […]

DEPARTMENT OF LABOR ISSUES FINAL RULE ON WORKER PRIVACY IN PAYROLL REPORTS FOR FEDERAL CONSTRUCTION

Under a Labor Department final rule published in the December 19, 2008 Federal Register, federal construction contractors and subcontractors are no longer required to include workers’ home addresses or full social security numbers on weekly certified payroll statements submitted to the contracting federal agency under the Davis-Bacon and Copeland Anti-Kickback acts. Citing worker privacy interests […]

A MATRIX OF SELECT CLAUSES IN THREE STANDARD FORM CONTRACTS

This document does not contain the full text of all provisions that may bear upon a particular issue. Rather, it contains specific portions of each of three forms of construction contract general conditions assembled for purposes of comparison and discussion. ACKNOWLEDGMENTS The American Institute of Architects 1735 New York Ave., NW Washington, DC 20006-5292 ConsensusDOCS™ […]