OSHA has issued a new memorandum regarding the use of temporary workers.

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Some states have enacted legislation to allow parties to present their civil cases to a private judge to resolve disputes that would normally be heard in a traditional court.  In some instances, the parties are able to select the private judge by agreement and in others, the private judge is assigned by the court.  In either instance, the parties can benefit from this system but must be mindful of the problems that may arise with private judges.  The article will outline some of the existing private judge statutes and some of the benefits and concerns associated with private judges.

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The Alabama Code was recently amended in a number of important ways affecting the retainage that may be withheld on private construction projects in Alabama.  In light of these changes, a review of the current laws governing retainage on public and private projects in Alabama may prove helpful to owners and contractors with projects in Alabama.

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If you are a prime or sub-contractor, you have likely heard of pay if paid and pay when paid clauses in construction subcontracts, and may have even seen these terms in a contract to which you are a party.  Nevertheless, you may not fully understand what these terms mean, how they differ from each other, and how they each affect your rights and potential liability.  While both of these terms affect a prime contractor’s obligations to subcontractors when it is not paid by the owner, their practical effects differ in important ways. read more

Contractors cannot always bury their head in the sand when it comes to worker documentation. read more

I had a conversation about a price term used in construction contracts that I thought the person I was talking with should have known. When I reflected on that conversation, I realized that it has taken me some time to understand the terms used in construction contracts and that others may like to see a review of certain contract terms. This article will address pricing terms and provide some benefits and concerns about each. read more

Construction spurred by the possibility of exporting cheap natural gas from the U.S. should give design professionals, contractors, suppliers, and manufacturers a needed lifeline if they position themselves now to take advantage of the impending opportunity.

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As we recently addressed, the United States Court of Appeals for the 5th Circuit ruled that a contractual liability exclusion in a commercial general liability insurance policy negated an insurance company's duty to defend a contractor where the contractor was sued for failing to perform its work according to the terms of a contract with the owner.

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In May 2012, Alabama revised sections of its construction Public Works Act to incorporate prompt payment provisions including interest and attorney's fees.

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Sometimes insurance companies try to blur the line between the duties to defend and indemnify its insured under a commercial general liability insurance policy.  However, these separate duties must continue to be analyzed separately. read more