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Home » Topic » Legal and Regulatory

Liquidated Damages: A Dangerous Afterthought

by Trevor B. Potter | Dec 4, 2018
Contracts | Legal and Regulatory

Liquidated damages are a substitute for the “actual damages” an owner would otherwise be able to recover in the event of an unexcused project delay. They are intended to provide a measure of damages that otherwise would be difficult and costly to ascertain.

Indemnification: A Useful Tool for Allocating Risk in Construction Contracts

by Laura C. Fraher | Nov 30, 2018
Contracts | Insurance | Legal and Regulatory | Risk | Risk Management

Indemnity agreements should ensure that the party intended to bear a certain risk is the one held responsible if that risk materializes.

The Hidden Price of Outdated Damage Prevention Laws: Part II

by Brigham A. McCown | Nov 27, 2018
Infrastructure | Legal and Regulatory

Advocating for updated damage prevention laws with state and federal legislators would significantly reduce the likelihood of incidents and increase economic growth as excavators become more efficient.

Taming the Data Beast: Tips for Managing eDiscovery Challenges in the Construction Industry

by Barry Schwartz | Nov 23, 2018
Dispute Resolution | Legal and Regulatory | Risk Management

Construction defect lawsuits require finding, collecting and sorting through terabytes of electronically stored information. Technology solutions allow visibility into the data and the ability to manage it.

Crane Operator Certification Rule to Take Effect Dec. 10

by Joanna Masterson | Nov 14, 2018
Legal and Regulatory | OSHA

Per a new rule that takes effect Dec. 10, OSHA will accept crane operator certifications issued by “type” or by “type and capacity.”

Cybersecurity and Construction: Practical Risks and Mitigation Tactics

by Cody Page, Cecilia Jeong | Nov 13, 2018
Cybersecurity | Legal and Regulatory

The construction industry is a target for cyberattacks. Construction executives should understand the cost associated with a cybersecurity attack and practical tactics to help mitigate risk.

The Hidden Price of Outdated Damage Prevention Laws: Part I

by Brigham A. McCown | Nov 9, 2018
Law | Legal and Regulatory

Excavators typically bear the risk of delays, cost overruns and legal liability when underground utilities are damaged. Improve the damage prevention process with better practices and technologies.

Are Prosecutors Targeting Construction Projects?

by John J. Carney, Patrick T. Campbell | Nov 6, 2018
Dispute Resolution | Legal and Regulatory

Regulatory actions (and fines) against construction companies are on the rise for alleged misconduct under the Foreign Corruption Practices Act, federal and state false claims acts, and other federal and state anti-fraud statutes.
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