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Framing Issues

OSHA's Approach to Regulating Heat Hazards in the Workplace

To clarify the obligation employers have to protect employees from heat-related hazards, OSHA published an Advance Notice of Proposed Rulemaking (ANPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register […]

Mechanic's Lien Update

This post summarizes some of the key changes affecting general contractors and subcontractors on commercial projects.  The amendments govern all construction projects where the prime contract (the contract between the owner and general contractor […]

Brian M. Stork

Issue of Control Dictates Duty Owed to Subcontractor's Employees

A general contractor owes a duty of care to its independent contractor's employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor's work according to the Texas Supreme […]

Waiver of Subrogation Provisions in Construction Contracts - Part Two

In Part One, I discussed the general purpose and benefits of subrogation and considerations in determining whether a waiver of subrogation may be advantageous or harmful to certain contracting parties to a construction contract.  Even where the […]

Waiver of Subrogation Provisions in Construction Contracts - Part One

Larry Bowman and I recently wrote a 44-page white paper on “The Ins and Outs of Waivers of Subrogation.”  Larry presented our paper at the 34th Annual Texas Construction Law Conference sponsored by The Construction Law Foundation of […]

Effective Mediation Techniques for Complex Cases - Part Two

I begin with the assumption that the parties in any complex case wish to avoid trial and resolve their disputes wherever possible.  It is my experience that most parties are not in the business of litigation and find it undesirable and costly.  […]