Athletic Trainers Help Workers Get Back to the Jobsite and Stay Healthy After Injury
August 12, 2024 —
Bryan Lockhart - Construction ExecutiveThere are a number of factors on an active jobsite that can lead to workplace injuries. Heavy machinery, fast-moving equipment, material handling, loud noises and more can create safety hazards and make it easy to lose focus or become distracted. Additionally, the movements workers have to do in their roles—such as lifting or pushing objects or crouching low to the ground for extended periods—can add strain to the body if not done correctly.
The goal is always to minimize the risk of injury, and yet, incidents still occur. According to 2020 Bureau of Labor Statistics data, slips, trips and falls are the most common injuries, accounting for 18% of non-fatal work injuries resulting in days away from work. When workers are injured, it can lead to downtime, lost productivity on the site and workers’ compensation claims.
Employers and site leaders can take various approaches to help workers return to the jobsite safely and effectively and keep them healthy once they return. Introducing an onsite clinic and athletic trainers can help prevent injuries, improve worker health, get people back to work effectively and keep them healthy in the long run. Here are three ways athletic trainers help workers get back to the job and improve their overall health.
Reprinted courtesy of
Bryan Lockhart, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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The Benefits of Trash Talking: A Cautionary Tale of Demolition Gone Wrong
September 02, 2024 —
Joshua Levy, Anne O'Meara & Kimberly Gutierrez - Construction ExecutiveThat sinking feeling has crossed everyone’s mind at some point: "Did I accidentally throw out...?” It can happen to anyone, from valuable jewelry to uncashed checks or even (in the case of one contractor) to fire-pump control cabinets.
Demolishing the wrong equipment is a concern construction and demolition contractors should review before beginning any project. Recently, one general contractor and its demolition subcontractor would have benefitted from a more detailed “trash” talking session, which could have helped them avoid a dumpster-fire of a legal dispute.
In this case, the general contractor was contracted to renovate a hangar for a military base. The company subcontracted the demolition work to a local, family-owned contractor to demolish aspects of the hangar’s fire-suppression room. The two companies met many times, from planning to daily field walk-downs. They discussed that any equipment that was tagged with bright orange tags would remain in the fire-suppression room. The contractor also reviewed the demolition plans with the demolition company, detailing what should and should not be removed.
Reprinted courtesy of
Joshua Levy, Anne O'Meara & Kimberly Gutierrez, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Higgins, Hopkins, McLain & Roswell, LLC Announces Leadership Changes and New Vision for Growth
January 21, 2025 —
David McLain - Higgins, Hopkins, McLain & Roswell, LLCHiggins, Hopkins, McLain & Roswell, LLC (“HHMR”) is excited to announce several significant developments as the firm transitions into an exciting new chapter of growth and innovation. Sheri Roswell, one of the firm’s founding members, is stepping out of ownership to serve as “Of Counsel,” continuing her vital work with clients and strengthening relationships that have been the cornerstone of HHMR’s success. Her tireless contributions since the firm’s inception have helped establish HHMR as a leader in Colorado’s construction law landscape.
“Sheri has been a pillar of HHMR since day one. Her commitment to our clients and her unwavering dedication to the firm’s success have left an indelible mark. We are excited for her to continue contributing her expertise and leadership in this new capacity,” said David McLain at the firm’s recent holiday celebration.
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David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
Bally's Secures Funding for $1.7B Chicago Casino and Hotel Project
August 12, 2024 —
Annemarie Mannion - Engineering News-RecordPlans for a $1.7-billion casino and adjacent 34-story hotel are advancing in Chicago as the gaming operator reports it has secured $940 million to complete funding for the project and has set demolition for a printing press building now occupying the site for this summer.
Reprinted courtesy of
Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com
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The Ghosts of Tariffs Past May Help Us in the Future
January 07, 2025 —
Kellie Ros - ConsensusDocsThe havoc material tariffs have caused the construction industry is nothing new. President-Elect Donald Trump imposed heavy tariffs on steel and aluminum in his first administration in 2016. While the tariffs themselves were not wholly unexpected, the ripple effect of those tariffs (coupled with the impacts of the COVID-19 pandemic) caused unexpected challenges for the construction industry. Those included allocating the risk of the additional costs caused by tariffs, supply and demand issues, grappling with escalation clauses, and navigating fixed price projects. The industry must now utilize the lessons learned from the rear-view mirror to strategically prepare for what was promised to be a second round of tariffs come January 2025.
Tariffs’ Impacts on Material Prices Everywhere
New or increased tariffs have the potential to raise prices for a wide range of construction inputs. Based on simple supply and demand principles, this includes inputs produced domestically that compete with foreign imports. For example, if a 20% tariff is imposed on Chinese steel, contractors may look to procure Brazil or U.S. steel in an effort to cut their costs. Such a rush to those less-costly alternatives may result in a supply shortage or an increase in prices in the marketplace across the globe. This occurred in 2016 when material prices indirectly related to the inputs on which the tariffs were imposed even increased. Contractors may be well served to get ahead of anticipated price increases and purchase materials now or take other actions in negotiating contracts to protect themselves.
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Kellie Ros, Peckar & Abramson, P.C.Ms. Ros may be contacted at
kros@pecklaw.com
Thirteen Payne & Fears Attorneys Honored by Best Lawyers
August 19, 2024 —
Payne & Fears LLPCongratulations to the 13 Payne & Fears attorneys included in the 2025 Edition of “Lawyer of the Year,” The Best Lawyers In America®, and Best Lawyers: Ones to Watch®. Attorneys have been recognized in the following practice areas:
2025 Edition “Lawyer of the Year”
Orange County
Benjamin A. Nix
Daniel F. Fears
- Litigation – Labor and Employment
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Payne & Fears LLP
NLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational Status
September 23, 2024 —
Aaron C. Schlesinger - Peckar & Abramson, P.C.On July 26, 2024, the National Labor Relations Board (“NLRB”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which takes effect September 30, 2024. The Final Rule eases the process for unions in the construction industry to convert their status as collective bargaining representative of bargaining unit employees from Section 8(f) to 9(a) of the National Labor Relations Act (“Act”) simply by placing certain recognitional acceptance language in their collective bargaining agreements. As a result, construction industry employers should review their collective bargaining agreements prior to signing to determine if such language exists.
Section 9(a) Non-Construction Industry Employers
In most industries, not including construction, union recognitional status as collective bargaining representative of the employer’s employees is governed by Section 9(a) of the Act. In order for a Union to obtain recognitional status under Section 9(a), the union must either: (1) file a petition with the NLRB showing support of 30% of the proposed bargaining unit via employee executed authorization cards and win an election of 51% of the employees in the proposed bargaining unit who actually vote; or (2) by reaching an agreement with the employer that the union possesses employee executed authorization cards from 51% of the proposed bargaining unit, which has been confirmed by a neutral arbitrator pursuant to a card count. Once such status is achieved, the union and employer are required to meet and bargain towards reaching a collective bargaining agreement covering the terms and conditions of employment of the union represented employees. A Section 9(a) union cannot have its recognitional status revoked absent the loss of majority support of the employees it represents.
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Aaron C. Schlesinger, Peckar & Abramson, P.C.Mr. Schlesinger may be contacted at
aschlesinger@pecklaw.com
Bremer Whyte’s Newport Beach Team Prevails on a Motion for Summary Judgment in a Wrongful Death Case!
September 02, 2024 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPCongratulations on another win to Orange County Partners
Jonathan Cothran and
Rachel Mihai for prevailing on a Motion for Summary Judgment in a wrongful death case!
Plaintiffs filed a wrongful death lawsuit alleging negligence and vicarious liability against BWB&O’s client, a licensed electrical contractor. BWB&O’s client installed a solar system at the Plaintiffs’ home in January 2018. In October 2018, an electrical fire broke out at the home in an upstairs bedroom. Tragically, the family’s father perished in the fire when he entered the home after the fire started. Plaintiffs alleged that BWB&O’s client was liable for the fire and Plaintiffs’ resulting injuries due to its electrical work on the solar system at the home.
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