April 23rd was Construction Safety Day. Did you take a moment to review your safety policies and tool box talks about safety? If you didn't, perhaps you should. Melissa Brumback, my friend and author of the excellent Construction Law in North Carolina blog, recently reminded her readers that falls are the #1 source of construction-site fatalities, followed by falling objects, electrocution and being caught between two objects. Together these make [...]
Imagine that you are on a job that is significantly delayed. You tell the upstream contractor that performance at this late date will cost more money. Instead of being offered more money, you are told that you have to "mutually agree" on a revised schedule. How do you do that? One subcontractor in Oklahoma found out the hard way that walking off the job was not the answer. The case, [...]
Gov. Dave Heineman vetoed Legislative Bill 916, which would have allowed nurse practitioners to practice without a supervising doctor. Currently, Nebraska state law requires nurse practitioners to have a practice agreement with a doctor. Gov. Heineman has made sure that continues. According to the Omaha World Herald, the supporters of LB 916 claim that the current model - requiring NPs to have a supervising doctor - contributes to a shortage [...]
Are you confounded by change orders? Do you want to learn to better deal with them? Join us on May 15th at 11:30 for our Lunch & Learn on Change Orders. During this presentation, we will discuss two questions about change orders: 1. What is the change order process? and 2. What if the general contractor won’t sign the change order? Lunch Will Be Provided Seating is limited, so [...]
Cathy Trent-Vilim joins the Omaha Network (ON). Started in 1979, the Omaha Network is an invitation-only, limited membership networking group for business women in Omaha.
On April 10, 2014, Ryan Crnkovich won the championship round of Professor R. Collin Mangrum's annual trial competition at Creighton University School of Law. Ryan, along with his partner Skyler Pearson, competed in seven trials during the course of the competition before being named the tournament champions. The competition took place over the course of four weeks, with over forty second year law students competing in the tournament. The winners [...]
Earlier this month, President Obama took action to impose additional compliance obligations on federal government contractors. An executive order will prohibit federal contractors from retaliating against employees who discuss their pay with each other. He also directed the Department of Labor to adopt regulations requiring federal contractors to provide compensation data based on sex and race. Non-Retaliation: This executive order provides that contractors will not discharge or in any other [...]
Vaccinations or rather, the lack thereof - has been a hot topic in the news lately. The media is reporting increased outbreaks of communicable diseases with the finger pointed at those individuals who choose to not vaccinate out of a fear, amongst others, that vaccinations cause autism. Studies conducted in the scientific community have largely discredited any association between vaccinations and autism. Most recently, a March 2013 study published in [...]
If you are doing work on Stratcom in Omaha, or any federal project, you are obligated to comply with the new Office of Federal Compliance Programs’ (OFCCP) final rules, effective March 27, 2014. Under these new rules, contractors have additional obligations, including gathering data and setting hiring goals for individuals with disabilities and protected veterans. Here are a few important aspects of the new rules: Update the Equal Opportunity Clause: [...]
The business manager of the Ironworkers Local 401 and ten members were recently charged with conspiracy to commit criminal acts of extortion, arson, destruction of property, and assault in order to force construction contractors to hire union ironworkers. (Hat tip to Wally Zimolong’s excellent blog, Supplemental Conditions) This case, brought by the U.S. Attorney out of the Philadelphia, stems from the Local 401’s tactics to force contractors to use union [...]
On March 6, 2014, the EPA issued the Construction and Development Effluent Guidelines and standards at 40 CFR Part 450.The significance of these new rules is that the EPA elected to use best management practices (BMPs) to control stormwater and minimize soil erosion pollutant discharges instead of a numeric limit on the amount of dirt in stormwater runoff from construction sites. Under the new rule, construction site owners and operators [...]
From March 24-26, 2014, Sarah Smith traveled to Washington, DC to participate in the Arthritis Foundation’s annual Advocacy Summit. Ms. Smith has been involved with the Arthritis Foundation for over a year and was asked to lend her advocacy skills in support of the Foundation. While attending the Summit, Ms. Smith met with Nebraska Members of Congress and their staff to discuss policy initiatives that the Foundation supports. She will [...]
In the last post, I discussed a Montana case in which the contractor failed to follow the notice provisions contained in the contract and lost its claim because of it. But, sometimes a court will excuse your failure to follow the technical requirements of the contract. In a recent Nebraska case, the court excused a subcontractor’s failure to follow the notice provisions and allowed it proceed with its claim. The [...]
Kristine Flott, a legal administrative assistant with LDM since 1998 has been named OLPA Legal Professional of the Year. The Omaha Legal Professionals Association receives nominations each year and selects one professional through letters of recommendation and votes by legal professionals in the community. We are proud of Kris and her accomplishments at LDM and her involvement with OLPA.
Time and time again, courts rule that contractors must follow notice requirements in order to submit a claim for additional time or compensation. This blog looks at yet another example of a contractor that failed to follow the notice requirements and lost its demand for additional pay. This case, JEM Contracting v. Morrison-Maierle, involved a highway project in Montana. The contract provided: Contractor shall notify the Owner and Engineer in [...]