OSHA has renewed its National Emphasis Program (NEP) targeting warehousing and distribution center operations, signaling that employers in these industries should expect continued scrutiny of workplace safety practices. The revised
OSHA Renews National Emphasis Program for Warehousing and Distribution Centers Read Post »
Background When a defect or water intrusion is alleged, owners and consultants often demand testing, core cuts, probes, tear-offs, or other destructive investigation before anyone knows whether the contractor’s work
Testing and Destructive Investigation Allocation Provision Read Post »
Case: Suquilanda v. Skyway Roofing, Inc., SJC-13878 (Mass. Aug. 17, 2026). Facts: A roofer employed by subcontractor MBT Construction Corp. fell from a roof while replacing shingles at Jiminy Peak
General Contractor Owed No Safety Duty to Subcontractor’s Injured Roofer Read Post »
On August 18, 2026, the D.C. Circuit unanimously upheld EPA’s designation of PFOA and PFOS as “hazardous substances” under CERCLA in Chamber of Commerce v. EPA. The ruling allows EPA
Court Upholds EPA PFAS Designation Read Post »
State and Federal Regulatory Changes Recent Tariffs Increase Construction Costs and Contract Risk Recent federal tariffs continue to increase material costs and pricing uncertainty for the construction industry. Tariffs on
THE COTNEY BRIEF | Construction Law Simplified August 2026 Read Post »
Community opposition has become a material risk for many large construction projects. Data centers, manufacturing plants, multifamily developments and major infrastructure projects increasingly face public concerns regarding traffic, environmental impacts
Community Opposition Is Becoming a Construction Risk Read Post »
Background Daily reports often become critical evidence when a project dispute arises. They may document manpower, work performed, delays, and directives from the owner or design professional. However, daily reports
Daily Report Presumption Provision Read Post »
Arnell Construction Corp. v. New York City School Construction Authority, 249 A.D.3d 657 (2d Dep’t May 2026). Brief FactsArnell Construction sought approximately $2.44 million in compensation for allegedly unpaid change-order
Contractor Waives Claim by Failing to Give Timely Notice Read Post »
Recent federal tariffs continue to increase material costs and pricing uncertainty for the construction industry. Tariffs on steel, aluminum and copper can affect structural steel, metal roofing, HVAC equipment, electrical
Recent Tariffs Increase Construction Costs and Contract Risk Read Post »
The recent structural incident at 235 East 42nd Street in Manhattan raises significant construction and legal issues for the parties involved. The building, formerly part of Pfizer’s corporate headquarters, is
