Ask an Attorney: Who is an Independent Contractor?
This is a critical question for construction industry employers and each reader probably has their own idea as to the proper answer. Unfortunately, it doesn’t matter much how you or I would answer this question, but it matters a great deal how the relevant legal authorities answer it. Since the passage of the Construction Workplace Classification Act in 2011 (Act 72) the Pennsylvania Department of Labor & Industry has been charged with enforcing the statutory definition found therein.
Ask an Attorney: How Does OSHA’s New Walkaround Rule Impact a Contractor’s Rights and Conduct During an Inspection?
Since 1970, OSHA has provided both the employer and employees’ representatives the opportunity to accompany OSHA during its physical inspection, or “walk around,” of the job site. However, on April 1, 2024, OSHA issued a new, final rule that significantly changed the scope of who can participate in the walk around.
Ask an Attorney: Your Lawyer as a “Trusted Advisor” – A Guide For Construction Companies to Maximize Their Legal Counsel Investment
As construction is truly a team sport, a contractor’s success hinges on the contributions of all team members—the laborers and tradesman, the project managers and office personnel, c-suite executives, and, yes, the company’s lawyer. Too often, however, construction companies turn to counsel as a necessary expense, not an investment. A contractor’s lawyer, however, can improve a project’s bottom line in three key ways: contract review, project advising, and dispute resolution.
Ask an Attorney: Your Lawyer as a “Trusted Advisor” – A Guide For Construction Companies to Maximize Their Legal Counsel Investment
As construction is truly a team sport, a contractor’s success hinges on the contributions of all team members—the laborers and tradesman, the project managers and office personnel, c-suite executives, and, yes, the company’s lawyer. Too often, however, construction companies turn to counsel as a necessary expense, not an investment. A contractor’s lawyer, however, can improve a project’s bottom line in three key ways: contract review, project advising, and dispute resolution.
Ask an Attorney: Labor Update –
The Government is Not Your Friend
Although 2023 has just begun, governments at all levels, Local, State, and Federal, have made it clear that it will be a challenging year for merit shop contractors. We’ll discuss just a few of the specific challenges.
Ask an Attorney: Waivers of Consequential Damages – A Key Contract Clause
The indemnification clause is one of the most highly disputed provisions in every construction contract. The indemnification clause’s specific language can significantly impact a company’s risk exposure. Thus, it is critical for every contractor to understand the meaning of indemnification before executing a contract.
Ask an Attorney: Understanding Indemnity Clauses in Construction Contracts
The indemnification clause is one of the most highly disputed provisions in every construction contract. The indemnification clause’s specific language can significantly impact a company’s risk exposure. Thus, it is critical for every contractor to understand the meaning of indemnification before executing a contract.
Non-compete Agreements
Many industries use non-competition agreements, also known as non-compete agreements, as a means to protect company information from a departing employee. In fact, some of you reading this may be subject to one. A non-compete agreement is a contractual restriction on an employee’s ability to compete with a former employer. The benefits of a properly drafted non-compete agreement are obvious: to protect the company from a key employee taking sensitive company information to a competitor or using that information to start his or her own competing company. However, under Pennsylvania law, overly broad non-competes are often considered unenforceable, so they need to be narrowly tailored to protect the legitimate business interests of an employer.
Silence is Golden – The Workplace Injuries Construction Employers Do, and Do Not, Need to Record on OSHA Forms
The old adage “Sometimes less is more” may provide sound advice when it comes to completing Occupational Safety and Health Administration (OSHA) regulations paperwork. Employers must keep track of workplace injuries and illnesses using a series of OHSA-supplied forms: the 300 Log to record each incident throughout the year, the 301 Report for each particular incident, and the 300A Summary of yearly statistics.
Ask an Attorney: HANDLING DEADLINES for Payment Claims on Construction Projects
Most construction companies are aware that they need to pursue a payment claim by a certain deadline. But the reality is more complex, as there are many different deadlines that apply, depending on the circumstances. Each instance requires careful consideration of various different statutes, types of claims, and contract clauses.
Ask an Accountant: What Construction Contractors Need to Know About the New Lease Accounting Standard for 2022
After granting a yearlong delay due to COVID-19, non-public companies must adopt the new lease accounting guidelines that greatly expands the financial reporting requirements for leases.
Ask an Attorney: The Construction Industry Economic Forecast & Contractor Agreements: How Economics & Law Fit Hand-to-Glove
Earlier this year, economic forecasters throughout the construction industry weighed in with their assessment, analysis, and even projections for 2022. In February, ABC Keystone hosted Anirban Basu, ABC National’s Chief Economist, and possible secret agent, to give his industry outlook at the annual Economic Breakfast. His presentation not only reviewed and interpreted key metrics, but it also had implications for day-to-day business activities. As economics and law go hand-in-hand, the emerging economic landscape drives how contractors should negotiate their contracts and the types of terms they should include.
