October 2012 - Lamson Dugan & Murray LLP

30 Oct, 2012

How Does Nebraska’s Prompt Pay Act Impact Your Construction Contract? Part I

Craig Martin2012-10-30T08:00:13-05:00October 30th, 2012|Construction Contracts|

Now that Nebraska’s Prompt Pay Act is in full swing, it’s a good time to consider how it will impact your rights under construction contracts. The Prompt Pay Act, Nebraska Revised Statutes § 45-1201 to 41-1210, applies to construction contracts entered into after October 1, 2010. This is the first of two posts highlighting the key provisions of the Prompt Payment Act. Impact on Public Projects The Act has clarified [...]

25 Oct, 2012

Are you Complying with Notice of Delay Provisions?

Craig Martin2012-10-25T08:00:17-05:00October 25th, 2012|Delay Damages|

Construction Contracts often contain Notice of Delay provision through which one party can complain to the other that the work is being delayed due to the other's conduct. While these provisions can allow a party to recover increased costs caused by another's delay, you must be careful to follow all the requirements of these provisions. A recent case out of Texas highlights two issues often faced with Notice of Delay [...]

23 Oct, 2012

The NLRB Continues to Amaze

Craig Martin2012-10-23T08:00:02-05:00October 23rd, 2012|NLRB|

For those of you dealing with unions, you may be interested in reading a recent NLRB decision in which it held that an employer could not discipline or terminate employees who make vulgar, offensive, or threatening statements. In this case, an employee scribbled vulgar and threatening statements on several union newsletters that were left in the employee break room. A number of female employees complained about the statements and the [...]

17 Oct, 2012

How Long Does My Construction Lien Last?

Craig Martin2012-10-17T10:58:28-05:00October 17th, 2012|Construction Lien|

So, you have a lien on file and you still have not gotten paid. How long do you have to enforce your lien? As with most matters in the law, it depends. The Nebraska Construction Lien Act provides that your lien will be effective for two years after recording of the lien. If you do not institute judicial proceedings within those two years, your lien will become void. This does [...]

13 Oct, 2012

And in this Corner: Preparing for Crop Insurance Arbitration

Sean Minahan2018-04-23T18:22:22-05:00October 13th, 2012|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

Farmer v. Crop Insurer I was hanging out in Midwesttown, USA the other day and came across a poster advertising an event held at the community center. The poster read: FIGHT NIGHT! Jimmythe Farmer v. Craig Crop Insurer in a 12 round winner take all bout. So I headed right over, laid down my money and walked in to a sold out fight. It was a good fight with both fighters standing toe to toe [...]

9 Oct, 2012

Compliance is Key–Proving your Bond Claim

Craig Martin2012-10-09T16:36:08-05:00October 9th, 2012|Bond Claims|

Bonding companies can make it difficult to pursue your claim. You need to follow the langauge in the bond to preserve your claim. This blog discusses what you need to prove to prevail on a bond claim and the defenses that a bonding company may raise to your claim. First, what do you have to prove to prevail on your bond claim? A payment bond for the project was executed [...]

5 Oct, 2012

Matt Bock Graduates From the Leadership Omaha Class 34

Staff2018-07-11T18:17:18-05:00October 5th, 2012|Latest News, News|

Matt Bock Graduates From the Leadership Omaha Class 34 Partner Matthew Bock recently graduated from the Leadership Omaha Class 34, along with other future community leaders from his class. Leadership Omaha is a program of the Greater Omaha Chamber that consists of a ten month study of community issues to promote leaders to strengthen and transform the community. This is the 34th year of Leadership Omaha, one of the longest [...]

5 Oct, 2012

The Firm Welcomes Daniel Hassing

Staff2018-07-11T18:17:18-05:00October 5th, 2012|Latest News, News|

The Firm Welcomes Daniel Hassing The Firm welcomes Daniel Hassing as an associate in the Firm's Litigation Department. Mr. Hassing graduated, cum laude, from the University of Nebraska-Omaha with degrees in Spanish and Psychology. He attended law school at the University of Nebraska College of Law where he graduated with high distinction and was awarded membership in the Order of the Coif, an honary society recognizing the top students of [...]

5 Oct, 2012

Cass County CASA Golf Tournament

Staff2018-07-11T18:17:18-05:00October 5th, 2012|Latest News, News|

Cass County CASA Golf Tournament Attorneys Brian Brislen, Sean Minahan, Stacy Morris and Gage Cobb represented Lamson, Dugan and Murray in the annual Cass County CASA Golf Tournament on August 11, 2012 at the Quarry Oaks Golf Course in South Bend, Nebraska. While the LDM team did not bring home first place, their participation helped raise the necessary funds for this very important program. LDM has sponsored a team the [...]

5 Oct, 2012

Are You Limiting Your Liability on Construction Projects?

Craig Martin2012-10-05T14:44:37-05:00October 5th, 2012|Construction Contracts|

Everyone wants to limit their potential liability on a construction project. But, are you actually incorporating clauses into your construction contract that do limit your liability? Limitation of liability clauses do just that, they limit the liability to which your company may be subject should a project experience problems. Typical limitation of liability clauses state that the maximum liability to which the contractor may be subject is $___________. The amount [...]

4 Oct, 2012

Can the Government Give Away your Confidential Bid Information?

Craig Martin2012-10-04T14:24:19-05:00October 4th, 2012|Government Contracting|

I recently read an article in the Construction Lawyer Journal about the use of the Freedom of Information Act (FOIA) by some contractors to obtain confidential and proprietary information about the successful bidder’s bid. Quite the concept. While a contractor can protect its confidential information, it must challenge the threatened disclosure of information early on in the process or it will be disclosed. The article discussed a case brought by [...]

3 Oct, 2012

Mark Twain Should Have Taught Legal Writing

Brian J. Brislen2018-04-24T00:08:56-05:00October 3rd, 2012|Appellate Work, Legal Writing, Nebraska Litigation & Trial Advisor|

I am about a month into year seven (I think) of teaching a trial class for Creighton University School of Law. I enjoy the process but every year one of the most frustrating things for students is how long it takes to develop their case. As with many things, there is simply no substitute for experience. But last week I was reminded of one of my favorite quotes and shared [...]

2 Oct, 2012

Don’t Let Leopard-Print Underwear – or a Social Media Misstep – Become the Beginning of the End of Your Legal Career!

Cathy Trent-Vilim2018-04-23T20:50:33-05:00October 2nd, 2012|Ethics, Nebraska Litigation & Trial Advisor|

This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. By Cathy Trent-Vilim: The use of social media has become so prevalent that oftentimes users do not think through the consequences of their posts. In some instances, a social media misstep can be the beginning of the end of a promising career. Take for instance Anya Cintron Stern, 31, a Miami-Dade public defender. She was defending her [...]