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constructionattorneyblog: Sole Proximate Cause Defense Reaffirmed

Construction Lawyer

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. All references to "Sabo & Zahn" refer to Sabo & Zahn LLC.

Defense 40
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Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Best Practices Construction Law

Like every legal question, the answer is: It depends! When you are required to strictly comply with a particular provision or legal requirement, then any departure from that requirement (no matter how insubstantial) can void the claim or provide an absolute defense. Strict or substantial compliance.

Claims 82
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OSHA Alert: How to Prepare for an OSHA Inspection

FDR Safety

A well-versed representative is also familiar with OSHA’s own internal procedures for handling an OSHA inspection, the Field Inspection Reference Manual or FIRM at [link]. Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas.

OSHA 156
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No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Best Practices Construction Law

While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case.

Claims 118
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LEAN OpenJOC(TM) Job Order Contracting for Sustainable Facilities Repair, Renovation, and Minor New Construction

Job Order Contracting

REFERENCES. General Services Administration (GSA), Department of Defense (DOD), and National 19 Aeronautics and Space Administration (NASA). General Services Administration (GSA), US Department of Defense (DOD), and National 35 Aeronautics and Space Administration (NASA). Office of the Assistance Secretary of Defense.

Contract 100
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Louisiana Payment Bond Changes: What Material Suppliers Need to Know

Levelset

These acts represent a substantial shift in how payment bond defenses are handled for sureties under both the Public Works Act and the Private Works Act. The new laws expand the defenses available to sureties. The courts rejected these defenses because allowing sureties to do so would contradict the Private or Public Works Acts.

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November 2016 Newsletter – Tips on responding to new OSHA drug testing, injury reporting guidance

FDR Safety

Review their injury reporting policies and procedures and consider revising them to remove any reference or requirement that injuries be reported “immediately.” This obviously ignores employers’ legitimate rights and interests in ensuring that employees are not working under the influence of alcohol or using illegal drugs.

Injury 120