On November 8, 2024, in Marina v. Bama Reinforcing, LLC, the Alabama Supreme Court addressed a trial court’s directed verdict on an injured construction worker’s negligence action. The worker was employed as a concrete...more
Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction...more
In Alabama, a lien claimant must file a lawsuit to enforce its mechanic’s lien within six months of the maturation of the entire indebtedness in the Alabama state circuit court in the county where the subject property is...more
3/15/2023
/ Alabama ,
Construction Industry ,
Construction Project ,
Contractors ,
Enforcement Actions ,
Jurisdiction ,
Liens ,
Mechanics Lien ,
Out-of-State Companies ,
Out-of-State Residents ,
Subcontractors ,
Subject Matter Conflicts
Any time a contractor receives a notice to cure, it should tread carefully and review its contract to determine its response. Recently, the Georgia Court of Appeals evaluated a case in which the general contractor terminated...more
It has been said that, sooner or later, everything old is new again. In the wake of the novel coronavirus pandemic (COVID-19) sweeping the globe in 2020, a heretofore largely overlooked and even less understood nineteenth...more
You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the...more
2/10/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Reasonable Accommodation ,
Reporting Requirements ,
State and Local Government ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who...more
Do you have to report an employee’s positive COVID-19 case to OSHA and will OSHA investigate it? On the reporting front, OSHA’s initial guidance said positive cases were reportable only in specific industries, like...more
On May 19, 2020, OSHA issued an Updated Interim Enforcement Response Plan for Coronavirus Disease to address how the administration intends to handle COVID-19 related complaints, referrals and reports. At the same time, OSHA...more
Employers long have been required to record and report work-related injuries and illnesses to OSHA. A new question in the pandemic environment is whether you have to record an employee who tests positive for COVID-19...more
On April 10, 2020, the Occupational Safety & Health Administration (OSHA) issued interim guidance for the enforcement of employer reporting requirements arising from COVID-19 illnesses that will remain in effect during the...more
Over the weekend, the Cybersecurity & Infrastructure Security Agency (CISA) issued updated guidance expounding on its classification of workers who are essential to the nation’s critical infrastructure viability during the...more
As the coronavirus pandemic’s devastating impacts continue to evolve, governments at all levels (local, state and federal) are taking various measures to respond to the virus outbreak. Several governors and mayors have issued...more
Since our last article, fear of the coronavirus (COVID-19) continues to spread as rapidly as the disease itself. Within the last few days, President Trump declared a national emergency and announced the steps the Executive...more
The coronavirus disease (COVID-19) continues to dominate global headlines and markets. In the U.S., COVID-19 has prompted two governors to declare states of emergency; tragically claimed the lives of multiple U.S. residents;...more
3/4/2020
/ AIA Construction Forms ,
Business Disruption ,
Centers for Disease Control and Prevention (CDC) ,
Commercial Insurance Policies ,
Construction Industry ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Force Majeure Clause ,
General Contractors ,
Infectious Diseases ,
Risk Management ,
Risk Mitigation ,
Standard Form Contracts ,
Workplace Safety
Although marijuana is classified as an illegal drug under federal law, a majority of states have now legalized its use in one form or another. This rapidly evolving legal landscape presents new challenges for employers,...more
2/7/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Reasonable Accommodation ,
Recreational Use ,
Workplace Safety ,
Zero Tolerance Policies
Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening...more
1/10/2019
/ Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
OSHA ,
Workplace Hazards ,
Workplace Safety ,
Zero Tolerance Policies
Every day, new instances of data breaches, ransomware attacks, and cybercrimes affect companies around the world. Many of these companies are in the construction industry. For some, the thought of protecting one’s...more
8/16/2018
/ Construction Industry ,
Construction Workers ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Employee Training ,
Popular ,
Ransomware ,
Risk Mitigation
Every construction project has a contract (written, preferably), and they often vary in size and scope depending on the nature and complexity of a project. Many construction industry participants have developed their own...more
In this Issue:
- Federal Circuit’s Metcalf Decision a Big Win for Contractors
- Government Defenses of Defective Certification and the Severin Doctrine not a Silver Bullet
- Are No-Damage-for-Delay...more
Recently, a Louisiana Appellate Court affirmed a lower court's ruling that, to preserve its lien claim under Louisiana state law, a material supplier on a public works project must provide notice of nonpayment for each month...more