Recent proposed changes to California’s Proposition 65, “The Safe Drinking Water and Toxic Enforcement Act of 1986,” have businesses and trade associations in a state of agitation—if not alarm—as some of the nation’s most stringent toxic substances regulations could become even stricter. Thirty years after the initiative was first adopted, the administrative body charged with […]
Posts Written By: Don Gregory

Colorado Medical Center’s Budget Dispute Causes Kiewit-Turner to Stop Project
Contractors trapped on a troubled construction project should take note of a recent federal court decision, Kiewit -Turner v. Department of Veterans Affairs, CBCA No. 3450 (Dec. 9, 2014). In the decision, authored by the United States Civilian Board of Contract Appeals (a special court which hears claims brought against agencies of the federal government), […]

“Type 1” vs. “Type 2” Differing Site Condition Claims: Distinction without Difference
We often hear people from all different backgrounds in the construction industry make the distinction between “Type 1” and “Type 2” differing site condition claims. We see the distinction made in conversations with clients, in drafting and negotiating construction contracts, and at trade association events and construction law related seminars. Indeed, in a recent count, […]

Ten Commandments of Mediation
As more lawyers and clients are dealing with mediation on a regular basis, Don lists the “Ten Commandments” that might come in handy when dealing with a problem of biblical proportions. Read the commandments now

Private Work: How to Secure a Fair Contract + Get Paid
Don Gregory explains the ins-and-outs of private construction contracting. Private work is in many respects different from working on a public project, and those differences can often mean everything. With “Killer Contract Clauses” and bid shopping as commonplace as they are, contractors, subcontractors, suppliers, and many other construction companies must be well-versed in the art of negotiating […]