Construction Expo- Contracts Presentation

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Presentation slides from the Construction Expo in Richmond, VA discussing mechanic's liens, contract pitfalls, miller act bond claims, and other issues pertinent to construction professionals and contractors.

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  • Name, firm, experience, etc. Purpose of presentation: To briefly go over the requirement for a site and then to outline your rights when you have an OSHA inspector show up on your site
  • 3. Inspection Priorities . a. Order of Priority. Generally, priority of accomplishment and assignment of compliance resources for inspection categories shall be as follows: Priority Category First Imminent Danger (as defined in the ARM) Second Fatality/Catastrophe Inspections (regardless of whether our inspection is in response to specific evidence of hazardous conditions or not) Third Complaints/Referrals Inspections Fourth Accident/First Report of Accident Inspections Fifth Programmed Inspections (General Schedule, Construction Schedule, National and Local Emphasis Programs, Follow-up/Monitoring)
  • "Abatement period" means the period of time defined or set out in the citation for correction of a violation. "Citation" means the notice to an employer that the Commissioner has found a condition or conditions that violate Title 40.1 of the Code of Virginia or the standards, rules or regulations established by the commissioner or the board. "Imminent danger condition" means any condition or practice in any place of employment such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through standard enforcement procedures provided by Title 40.1 of the Code of Virginia . "Recordable occupational injury and illness" means (I) a fatality, regardless of the time between the injury and death or the length of illness; (ii) a non-fatal case that results in lost work days; or (iii) a non-fatal case without lost work days which results in transfer to another job or termination of employment, which requires medical treatment other than first aid, or involves loss of consciousness or restriction of work or motion. This category also includes any diagnosed occupational illness which is reported to the employer but is not otherwise classified as a fatality or lost work day case. "Repeated violation" means a violation deemed to exist in a place of employment that is substantially similar to a previous violation of a law, standard or regulation that was the subject of a prior final order against thesame employer. A repeated violation results from an inadvertent or accidental act, since a violation otherwise repeated would be willful. "Serious violation" means a violation deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. "Willful violation" means a violation deemed to exist in a place of employment where (I) the employer committed an intentional and knowing, as contrasted with inadvertent, violation and the employer was conscious that what he was doing constituted a violation; or (ii) the employer, even though not consciously committing a violation, was aware that a hazardous condition existed and made no reasonable effort to eliminate the condition.
  • OSHA 300A is work related injuries summary
  • C. Opening Conference. The CSHO shall inform the employer of the purpose of the inspection and shall obtain the employer’s consent to include participation of an employee representative, as defined, when appropriate. The opening conference shall be kept as brief as possible, normally no longer that one hour. Conditions of the worksite shall be noted upon arrival as well as any changes which may occur during the opening conference. Pursuant to § 240 of the Administrative Regulations Manual, the employer and the employee representatives shall be informed of the opportunity to participate in the physical inspection of the workplace. An abbreviated opening conference shall be conducted whenever the CSHO believes that the circumstances at the worksite dictate that the walkaround begin as promptly as possible. In such cases the opening conference shall be limited to the bare essentials; identification, purpose of visit, and a request for employer and employee epresentatives. The other elements shall be fully addressed after completion of the walkaround or in the closing conference. Attendance At Opening Conference. The CSHO shall conduct a joint opening conference or separate conferences as follows: a. Joint Conference. Whenever possible, a joint opening conference shall be held with the employer and employee representative. b. Separate Conferences. Where either party chooses not to have a joint conference, separate conferences shall be held for the employer and employee representatives. A written summary of each conference shall be made and attached to the case file. A copy of the written summaries will be available from the Compliance Manager upon request by the employer or the employee representative. 2. Scope. The CSHO shall outline in general terms the scope of the inspection, physical inspection of the workplace and records, possible referrals, discrimination complaints, and the closing conference(s). The CSHO shall also explain that previously issued citations, if any, will also be included as part of this inspection as a follow-up or to monitor abatement progress, if they have become a final order of the Commissioner. a. Purpose of the Inspection. The employer shall be told the reason for the inspection as follows: Imminent Danger Situations. When responding to an alleged imminent danger situation, the CSHO is required to get to thelocation of the alleged hazard(s) as quickly as possible. Under these circumstances, an expedited opening conference shall be conducted by limiting activities to presenting credentials and explaining the nature, scope, and purpose of the inspection.
  • Fatality/Catastrophe Inspections. The employer shall be informed that an investigation will be conducted and extensive interviews with witnesses will be necessary. Complaint Inspections. For a complaint inspection, the CSHO shall provide a copy of the complaint(s) to the employer and the employee representative at the beginning of the opening conference. NOTE: The CSHO shall insure that the employer does not discover the identity of the complainant. The Compliance Manager shall delete complainant’s name before giving the complaint to the CSHO. In conversations with the employer, the CSHO shall be careful not to reveal any information which could lead to the identity of the complainant.
  • Construction Expo- Contracts Presentation

    1. 1. Contractual Pitfalls -How to Avoid Them Presented by: Christopher G. Hill DurretteBradshaw PLC [email_address] durrettebradshaw.com Constructionlawva.com
    2. 2. Deal Breakers <ul><li>Pay when Paid </li></ul><ul><li>One Way Fees </li></ul><ul><li>Indemnity for Whole Project </li></ul><ul><li>No Damages for Delay </li></ul><ul><li>No Payment for Stored Materials </li></ul><ul><li>Artificial Claim Limits </li></ul>
    3. 3. Pay When Paid <ul><li>Two Types of Pay when Paid: </li></ul><ul><li>Enforceable: “Pay IF Paid” </li></ul><ul><ul><li>Payment by Owner/GC a prerequisite </li></ul></ul><ul><ul><ul><li>Example: Sub is paid only if GC is paid. </li></ul></ul></ul><ul><li>Unenforceable: “Pay WHEN Paid” </li></ul><ul><ul><li>Time Frame for payment after GC is paid </li></ul></ul><ul><ul><ul><li>Example: Sub paid 15 days after GC paid </li></ul></ul></ul>
    4. 4. Negotiable Items <ul><li>Mandatory Arbitration </li></ul><ul><li>“Satisfaction” </li></ul><ul><li>Location, Location, Location </li></ul><ul><li>Payment = Waiver </li></ul><ul><li>Shorter SOL than Statutes </li></ul>
    5. 5. Get Paid
    6. 6. Bonds, Payment Bonds <ul><li>Government versus Private </li></ul><ul><li>Miller v. “Little Miller” </li></ul><ul><li>Timing </li></ul><ul><li>Claims </li></ul>
    7. 7. MECHANIC'S LIENS
    8. 8. Requirements <ul><li>90 Day Rule </li></ul><ul><li>150 Day “Look back” </li></ul><ul><li>6 Month SOL </li></ul><ul><li>Notice on Residential Projects </li></ul>
    9. 9. Keep Your Rights Alive <ul><li>30, 60 and 90 </li></ul><ul><li>MLA Notices </li></ul><ul><li>Clear Old Invoices First </li></ul>
    10. 10. Dispute Resolution <ul><li>Arbitration v. Mediation </li></ul><ul><li>Courts </li></ul><ul><li>Claims, Change Orders, and Delay </li></ul>
    11. 11. <ul><li>Check Reasonableness </li></ul><ul><li>Good For Owners and GC’s </li></ul><ul><li>Check Circumstances are Reasonable </li></ul>LIquidated Damages
    12. 12. Statute of Limitations
    13. 13. Green is Good <ul><li>USGBC/LEED </li></ul><ul><li>Green Globes </li></ul><ul><li>Government Mandates and Incentives </li></ul>
    14. 14. Why Else? <ul><li>Owner’s want it, easier to sell </li></ul><ul><li>Growth Potential </li></ul>
    15. 15. What This Means for You <ul><li>Strike While Iron is Hot </li></ul><ul><li>Catch Up on Green Building </li></ul><ul><li>Get Out There! </li></ul>
    16. 16. Contractual Pitfalls -How to Avoid Them Presented by: Christopher G. Hill DurretteBradshaw PLC [email_address] durrettebradshaw.com

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