Client Alerts & Publications
United States Department of Labor Finalizes Independent Contractor Rule
Authors: Jennifer Harris, Stephen E. Irving,
Published Date: April 17, 2024
On January 10, 2024, the Wage and Hour Division of the U.S. Department of Labor issued its long awaited final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act.[1] The rule addresses how to determine whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act and overturns the March 8, [...] Read More
Balancing Risk and Reward: The Complexities of Stadium Construction Projects
Authors: Gregory A. Eichorn,
Published Date: April 10, 2024
This article was written for the Engineering News-Record and first appeared here. From grand designs to opening day, stadium construction projects present a captivating blend of high-profile opportunities and significant challenges and risks. Navigating this complex landscape is not easy, but when managed properly, the potential rewards, both in terms of reputation and finances, can make it a gamble worth [...] Read More
It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract
Authors: Alan Winkler,
Published Date: March 20, 2024
This article was written for the ConsensusDocs newsletter and first appeared here. It is fairly common for a construction contract to include a provision requiring the contractor to perform some level of review of the plans and specifications and perhaps other contract documents as part of their responsibilities. Typically, this provision is found in a section of the contract on [...] Read More
Understanding the Limits of Attorney-Client Privilege
Authors: Justin D. Holzheauser,
Published Date: March 1, 2024
This article was written for the Texas Contractor and first appeared here. Most of us have a rough understanding of the attorney-client privilege. But did you know how easily you could lose that privilege? Or that some communications with your attorney may not be privileged at all? The attorney-client privilege works to keep written and oral communications between an attorney [...] Read More
Waiving Consequential Damages—What Could Go Wrong?
Authors: Curtis W. Martin, Kellie M. Ros,
Published Date: February 21, 2024
This article was written for the ConsensusDocs newsletter and first appeared here. You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner. The indirect damages, often referred to as consequential damages, that flow from the delay can be astronomical to the point of breaking your company if it [...] Read More
