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Robert E. Ghent

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Construction Law

Construction Employee Safety and Health
The Occupational Safety and Health Act (OSHA) requires all employers to provide their employees with a safe and healthful environment for working. Given the varied and potentially severe hazards that can be present at a construction site, construction employers must pay special attention to safety standards. In addition to the general guidelines applicable to all industries, the construction industry must follow regulations specifically geared to address hazards peculiar to the construction environment. More...
CONCILIATION AND MEDIATION IN GLOBAL CONSTRUCTION CONTRACTS
Some global construction contracts provide for conciliation and mediation in the event of a dispute. Conciliation and mediation is a process by which a neutral party helps parties to a contract to reach a settlement of their dispute. Unlike arbitration, the neutral party in conciliation and mediation does not render a final or a binding decision. More...
Local Land Use Regulations and Antitrust Laws
Land use regulation is accomplished in large part through the zoning laws of local governments. Given the nature of such laws to restrict how a parcel of land is utilized, local governments may find themselves on the receiving end of an antitrust lawsuit. The recipient of a negative zoning decision may claim that the decision is injurious to competition and thus violative of federal antitrust law. More...
Withholding Contractor Payments
When a construction project ensues, the contractors are generally paid for their work through a series of progress payments. When the contractor's work is delayed, he may receive reduced payments. Additionally, some owners may go so far as to withhold payments completely for delay in the contractor's performance. More...
The Construction Industry and the Employment of Illegal Aliens
The Immigration Reform and Control Act of 1986 (IRCA), which amends the Immigration and Nationality Act, mandates that employers only hire individuals who may legally work in the United States. This includes United States citizens and nationals as well as authorized aliens. Employers who violate the IRCA may be subject to civil and criminal penalties. More...

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