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29 May, 2014

CGL Coverage in Nebraska

By | 2018-04-23T23:55:14+00:00 May 29th, 2014|Construction Contractor Advisor, Insurance coverage|

After last week’s blog about what is covered by a CGL policy, I received a number of questions about whether Nebraska courts would cover faulty workmanship. So, what is covered by a CGL policy in Nebraska? The latest Nebraska Supreme Court case on this issue, Auto-Owners Ins Co v Home Pride Companies Inc, in 2004, ruled that faulty workmanship is not covered under a CGL policy. But, the insurer was [...]

27 May, 2014

Changes to the “Nebraska Construction Prompt Pay Act”

By | 2018-04-23T23:55:14+00:00 May 27th, 2014|Construction Contractor Advisor, Nebraska Prompt Pay Act|

This post was written by Jessica Nolan, a summer associate at Lamson Dugan & Murray, LLP. The Nebraska Construction Prompt Pay Act, Nebraska Revised Statutes, §§ 45-1201 to 45-1210, was amended and approved by the Governor on April, 16 of this year. The approved changes to the statutes (§§ 45-1201 to 45-1210) will be effective July 17, 2014. Importantly, the changes will only impact contracts entered into after that date. [...]

24 May, 2014

YOU CAN INSURE THAT?

By | 2018-04-23T20:59:43+00:00 May 24th, 2014|Insurance contract, Midwest Insurance Law Guide|

5 WILD & WACKY INSURANCE POLICIES 1.  Alien Abductions. Yes, it is true. If you feel as though this is an event that is in the realm of possibility for you, Lloyd's of London will sell you a policy to coverage damages and loss when you are abducted. 2.  Runaway Brides.  Travelers and other insurers are now offering nuptial insurance that covers typical wedding catastrophes such as a bankrupt caterer or a bride or groom with [...]

21 May, 2014

DBE Violations Can Be Costly—A lesson in what not to do.

By | 2018-04-23T23:55:14+00:00 May 21st, 2014|Construction Contractor Advisor, Disadvantaged Business Enterprises|

The federal government takes very seriously the Disadvantaged Business Enterprise (DBE) regulations. When a contractor hires a DBE, the DBE must do the work with minimal involvement or control by the general contractor. A Chicago based contractor, James McHugh Construction, decided to ignore the regulations and hired a DBE that it could control and used them as pass-throughs in order to obtain over $156 million in projects. McHugh won the [...]

19 May, 2014

Double Your Money – Two Pollution Exclusion Rulings from the 8th Circuit!

By | 2018-04-23T20:59:43+00:00 May 19th, 2014|Environmental pollution coverage, Midwest Insurance Law Guide, Pollution exclusion|

The 8th Circuit recently issued two pollution exclusions cases: United Fire & Cas. Co. v. Titan Contractors Service, Inc., No. 13-1307 (8th Cir. May 13, 2014) and Church Mut. Ins. Co. v. Clay Center Christian Church, No. 13–1613 (8th Cir. March 25, 2014) In both of these cases, the Circuit denied coverage under a common policy clause that was aimed to exclude all coverage for loss due to exposure to pollutants. In [...]

19 May, 2014

Hot Water Topics II: Farmers Join In Suit v. Corps of Engineers for Missouri River Flooding

By | 2018-04-23T18:22:21+00:00 May 19th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Property Rights, Water Law|

Over 200 Landowners, farmers and small-business owners have joined the lawsuit Ideker Farms, Inc. et al v. United States of America alleging they incurred property damage as a result of the U.S. Army Corps of Engineers' management of the Missouri River from 2006 to 2013. Reuters May 5, 2014. The lawsuit alleges the Army Corps of Engineers changed their priorities from flood management to environmental management; resulting in increased frequency and severity of flooding [...]

19 May, 2014

What Does CGL Insurance Cover Anyway?

By | 2018-04-23T23:55:14+00:00 May 19th, 2014|Construction Contractor Advisor, Insurance coverage|

The Texas courts continue to wrestle with the problem of what is covered by a CGL policy.Readers may recall that in September, 2012, I wrote a blog about a Texas case winding its way through the federal courts and then being shipped to the Texas Supreme Court for additional analysis. Well, earlier this year the Texas Supreme Court finally issued its opinion, finding that a CGL policy does cover faulty [...]

12 May, 2014

Additional Insured – Do You Really Have Coverage?

By | 2018-04-23T23:55:14+00:00 May 12th, 2014|Construction Contractor Advisor, Insurance coverage|

Additional Insured language is contained in nearly every construction contract. But how many of you are actually reviewing the additional insured endorsement? And, does it provide the coverage that you are required to provide? Nearly every construction contract requires that general contractors add owners as additional insureds and subcontractors must add the general contractor as an additional insured. Sometimes, the subcontractors must also list the owner as an additional insured. [...]

2 May, 2014

Craig Martin’s Blog Voted 2014 Best Construction Blog

By | 2018-07-11T18:17:16+00:00 May 2nd, 2014|Latest News, News|

We are pleased to announce that our Construction Contractor Advisor blog was selected as the 2014 Best Construction Blog by Construction News and Report Group.  You can see the blog by clicking here.  The judges for the competition evaluated the competitors’ blogs for frequency, design, writing quality and relevance, and found our Construction Contractor Advisor blog to be a good resource for all things related to construction law.

1 May, 2014

The Best 2014 Construction Blog–Right Here!!!

By | 2018-04-23T23:55:14+00:00 May 1st, 2014|Construction Contractor Advisor|

I’m pleased to announce that the Construction Contractor Advisor blog was selected as the Best 2014 Best Construction Blog by Construction News and Report Group. The judges for the competition evaluated the various construction related blogs for frequency, design, writing quality and relevance, and found this blog to be a good resource for all things related to construction law. Thanks to everyone that voted for the blog and thanks for [...]

1 May, 2014

Is Your I-9 Process Update-to-Date?

By | 2018-04-23T23:55:14+00:00 May 1st, 2014|Construction Contractor Advisor, Employee Eligibility, Employment Eligibility|

We all know that I-9s must be completed when employees start. But, how many of you are doing a good job of completing the I-9 form and, more importantly, keeping the I-9 form and documents which must be attached? Perhaps part of your spring cleaning should be a review of your I-9 process and documentation retention practice. First, some sobering thoughts. The U.S Immigration and customs Enforcement (ICE) is the [...]