Construction Law Blog

As foundational as contracts are to the construction industry, many fail to recognize when they have entered into a contract. Misunderstandings about when a contract is legally formed and how it will be enforced can lead to significant obstacles in the event of a dispute. In the following brief Q&A, we examine some common misconceptions and discuss the principles that courts would apply when ruling on contract formation.

Employers faced with possible OSHA violations often want to shift blame to an unruly employee. This is called the defense of “unpreventable employee misconduct.” An employer is not relieved of responsibility simply because an employee did not follow the rules. In order to assert this defense effectively, an employer should take note of these four tips.