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31 Jul, 2012

DOT’s DBE Rules Still Need to Be Fixed

By |2012-07-31T08:00:34+00:00July 31st, 2012|Latest News|

A recent editorial in Engineers News-Record commented on the continued problems with the Department of Transportation’s Disadvantaged Business Enterprise regulations. Youcan read the editorial here. As the author noted, the recent passage of the long overdue $104.4 billion highway in transit authorization bill may bring to light the numerous difficulties with the DBE program as prime contractors continue to struggle with compliance. For example, what is a “commercially useful function” and [...]

30 Jul, 2012

HSUS’ Flank Attack on Gestation Crates Pt. II: Analyzing the Blueprint for HSUS’ Strategy

By |2018-04-23T18:22:22+00:00July 30th, 2012|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

HSUS is not the first group to go after hog operations for ammonia emissions.  The blueprint for HSUS' flank attack was established by earlier lawsuits against hog and poultry operations for violations of the Comprehensive Environmental  Response, Compensation, and Liability Act (CERCLA aka the Superfund law) and the Emergency Planning and Community Right-to-Know Act (EPCRA).  CERCLA and EPCRA do not limit pollutants but require reporting when specific quantities of specific substances are released into the environment.  CERCLA and EPCRA [...]

26 Jul, 2012

Fixing the Problem

By |2012-07-26T08:30:47+00:00July 26th, 2012|Latest News|

The project is breaking down. There are clearly problems with the subcontractor’s work and you now have to bring in another subcontractor to fix the work. If you don’t tread carefully, you may find yourself having to pay the original subcontractor and the replacement subcontractor, and not getting any damages from the original subcontractor. Two issues to consider when replacing a subcontractor are notice and opportunity to cure. Both of [...]

24 Jul, 2012

Forum Selection Clauses – Are You Reviewing Them?

By |2012-07-24T08:09:13+00:00July 24th, 2012|Construction Contracts, Forum Clause|

Construction contracts often times contain forum selection clauses, especially when the general is from out of town. Are you reviewing your contracts to see where you might have to litigate--at home or somewhere far away? What are forum selection clauses? Forum selection clauses dictate where litigation stemming from the project may be brought. Forum selection clauses may be voluntary, in that the parties to the contract consent to the jurisdiction [...]

20 Jul, 2012

HSUS’ Flank Attack on Gestation Crates: Claims Environmental Violations of 51 Hog Facilities Pt. I

By |2018-04-23T18:22:23+00:00July 20th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

Battle of Big Bethel, VA 1861 The Humane Society of the United States (HSUS) recently posted the following headline: The HSUS Serves Notices of Intent to Sue More than 50 Pig Confinement Facilities for Toxic Air Pollution.  At first glance it does not make sense for a program whose alleged mission is to protect animals from abusive treatment to concern itself with environmental issues.  However, if the mission is not just the protection of animals, but [...]

19 Jul, 2012

Reference Checks in Nebraska

By |2012-07-19T15:39:25+00:00July 19th, 2012|Employee|

Employers in Nebraska can now share information with prospective employers about current and former employees. But, the employer must jump through the proper hoops, and the employer will be entitled to a rebuttable presumption of good faith if the information provided is accurate. The new law requires employers to obtain a written authorization from the employee to release information. The written authorization, which should be a standalone document, must state: I, (applicant), [...]

17 Jul, 2012

So, Thinking About Walking Off the Job?

By |2012-07-17T14:10:34+00:00July 17th, 2012|Breach of Contract, Contract|

How many of your projects have gotten to the point where you think it is best to just walk off the job? I am sure you have any number of times. But, the question always turns on whether walking off the job will cost you more than the headache of completing it. A recent Texas case discussed some of the issues involved in whether to walk off the job. In [...]

12 Jul, 2012

Do You Always Have Lien Rights?

By |2012-07-12T07:55:38+00:00July 12th, 2012|Lien Rights|

How often do you review the payment terms of a contract with an eye toward whether you are waiving lien rights under that contract? This is something you should consider if your contract contains a pay-if-paid clause.  I am often times asked about the difference between a pay-when-paid and pay-if-paid clause. The real difference is that a pay-when-paid clause simply allows a contractor a reasonable amount of time by which [...]

10 Jul, 2012

Who’s Responsible for Safety on Your Job Site?

By |2012-07-10T07:11:16+00:00July 10th, 2012|Construction Contracts, Employee Safety|

Whether you are a general contractor or subcontractor, do you pay attention to those provisions of the contract that dictate who is responsible for the safety of your workers? If a worker is injured on the job site, the safety provisions may play a significant role in determining who is liable for the worker’s injuries. A recent Indiana Supreme Court case addressed this very issue. In that case, a concrete [...]

5 Jul, 2012

Truth is Stranger than Fiction, Even with Insurance

By |2012-07-05T10:48:28+00:00July 5th, 2012|Insurance coverage|

I have enjoyed the new show Longmire on A&E. One episode the other night involved a crooked social service worker who was taking kickbacks for removing kids from Native American families and placing them with Caucasian adoptive parents. I then read an article in Engineering News Record about a construction company engaged to build a county’s privately developed and operated juvenile justice facilities that was bribing judges to incarcerate more [...]