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2022 Articles

06/22/2022 Companies Should Maintain Safety Programs and Work Rules that are Adequately Communicated and Enforced to Prevent Fall Hazards 06/10/2022 Appellate Court Enforces Constructive Change Directive Provision, Grants Win To Otherwise Breaching Contractor 05/06/2022 Companies Must Maintain Proper Work Rules and Processes for the Loading and Unloading of Materials 05/05/2022 Court Rebuffs Claim For "payment Over Mechanic's Lien" 04/27/2022 Court's Decision Cautions of Narrow Exception to Prohibition on Pay-If-Paid 04/13/2022 Court Permits Fraudulent Inducement Claim To Proceed 04/13/2022 Adequate Protective Systems Must Be Present During Excavations at All Times 03/18/2022 Court Permits Oral Guarantee Claim To Proceed After Bankruptcy Of Owner 02/17/2022 Court Enforces Whistleblower Protection Statute In Face Of Contract Permitting Owner To Direct Discharge Of Contractor's Employee 02/01/2022 Respondent in Citation Contest Proceeding Scores Rare Win Via Summary Judgment 01/14/2022 Appellate Court Enforces Waiver Of Consequential Damages 12/07/2021 ALJ Vacates Citation for Failure of Proof Despite the Employer's Failure to Protect Its Workers 12/06/2021 Court Reminds Contractors That Cure Periods Are Ignored At Their Own Peril 11/16/2021 Reducing Hazards Associated with Manual Handling of Materials in the Construction Workplace 11/09/2021 Court Reinforces that Arbitration Must be Consensual 10/14/2021 Court Dismisses Delay Claim Against Non-party To Contract 10/14/2021 Using Near-Miss Reporting to Prevent Future Accidents 10/08/2021 General Contractor Granted Dismissal of Unjust Enrichment Claim as Not Legally Cognizable 09/14/2021 Court Declines to Cancel Lien where Defect wasn't Apparent on Face of Document 09/08/2021 Construction Industry Wage Theft Bill Becomes Law 08/27/2021 Public Authorities Law Bars Contractor's Claim 08/25/2021 Breach of Contract Claims Must be Supported by A Contractual Relationship 08/18/2021 HAVS: A Key Construction Peril Lacking Its Own OSHA Standard 08/11/2021 Failure to Include Monetary Demand Dooms Contractor's Claim for Delay Damages 07/31/2021 PPE, the Hierarchy of Controls, and Covid Recovery Safety Planning. 07/27/2021 Court Relies on Evidence Outside Contract to Determine Parties' Intent as to Calculation of Pricing 07/20/2021 Indemnity, Subrogation and Freezing Pipes - A Tale of One Loss and Two Legal Theories (Part Two) 07/13/2021 Indemnity, Subrogation and Freezing Pipes - A Tale of One Loss and Two Legal Theories (Part One) 07/09/2021 HERO ACT Legal Alert Follow up 06/29/2021 Another Valid Claim is Buried in the Graveyard of Lack of Contractual Notice
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