4 Areas Contractors Must Guard Against Misconduct Part 1
The construction industry consists of some of the most amazing men and women who work hard and with integrity. There are times, however, when a number of individuals may find themselves at the center of unethical behavior. Some individuals may purposely commit illegal acts or make mistakes that cost them in the long run. While providing services, labor, or materials on a project, be sure you are not committing errors in the areas of safety or employment misclassification. In part two, we will discuss fraud and unlicensed activity. If you are accused of any of the following, it is critical that you retain the services of a Nashville contractor attorney.
Ignoring Safety Violations
Working in construction comes with safety risks, but maintaining a healthy and safe workplace and complying with Occupational Safety and Health Administration (OSHA) safety standards is of the utmost importance. The most common OSHA violations cited in the industry are in areas such as fall protection, scaffolding, ladders, eye and facial protection, respiratory protection, and training. Even with your best intentions, accidents can still happen. OSHA highly encourages workers to file a complaint if they witness a violation. If you ignore these complaints or refuse to log incidents, you could face extensive OSHA penalties. Keep your workplace safe by doing the following:
- Provide workers with the proper safety equipment
- Improve and enforce your training programs
- Improve your company’s safety culture
Fraud is a common practice in the construction industry whether done unintentionally or deliberately. The consequences of committing fraud include fines, criminal convictions, and the loss of future contracts. Contractors must abide by the specific terms and conditions of their contracts and remain transparent with their clients to avoid legal actions against them. Watch for fraud in areas such as aggressive billing practices (e.g., charging premium prices in excess of what was agreed in the contract), using salvaged materials but billing owners for new materials, or deliberately underbidding or underquoting projects in order to win a job. If you do not understand your contract terms, reach out to our Nashville construction attorneys for a review.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.