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29 Oct, 2014

2 Ways An Insurer Can Be Liable for Bad Faith

By | 2018-04-23T20:59:42+00:00 October 29th, 2014|Bad faith, Commercial General Liability (CGL), Midwest Insurance Law Guide|

1.  By failing to provide the policyholder with a proper and effective reservation of rights letter. 2.  By failing to handle the claim in good faith, even if coverage is later denied.  I agree with you.  Both situations are compelling, my dear Readers.  Nonetheless to protect your vulnerability we shall review only Rule #1 for today.  It is considered prudent in polite society to refrain from biting off more insurance meat than one can chew in a [...]

29 Oct, 2014

General Contractors Can Be Sued by a Subcontractor’s Injured Employee

By | 2018-04-23T23:55:12+00:00 October 29th, 2014|Construction Contractor Advisor, General Contractor Concerns|

Looking for assistance with a construction problem? General contractors that exercise control over the worksite can be sued by a subcontractor’s injured employee. The Nebraska Supreme Court’s recent opinion, Gaytan v. Wal-Mart, should serve as a reminder that general contractors may be responsible for the safety of all workers on a job site. In this case, a roofing subcontractor’s employee died after falling through the roof of the [...]

21 Oct, 2014

A Winning Procedure to Develop a Request for Compensation — Lunch & Learn

By | 2018-04-23T23:55:12+00:00 October 21st, 2014|Construction Claims, Construction Contractor Advisor|

Thanks to everyone that attended last week’s Lunch & Learn on preparing claims. We had some great discussion from both the ranks of general contractors and subcontractors. For those of you that missed the meeting or didn't pick up the handout, A Winning Procedure to Develop a Request for Compensation, send me an e-mail and I'll send it to you.  My e-mail address is cmartin@ldmlaw.com. In a nutshell, to develop [...]

16 Oct, 2014

Arbitration—No Opportunity for Appeal

By | 2018-04-23T23:55:12+00:00 October 16th, 2014|Arbitration, Construction Contractor Advisor|

Last week I presented to the Great Plains Chapter of the American Society of Professional Estimators on arbitration and litigation. Some of the questions related to the difficulty of appealing an arbitrator’s decision. A Florida appellate court recently confirmed this difficulty. In Village at Dolphin Commerce Center, LLC v. Construction Service Solutions, LLC, a contractor filed an arbitration claim against the owner to get paid for its work. The owner [...]

13 Oct, 2014

Union THUGS Plead Guilty

By | 2018-04-23T23:55:13+00:00 October 13th, 2014|Construction Contractor Advisor, Unioin Campaign|

Some time ago, I wrote about union THUGS (The Helpful Union Guys) that tormented merit shops to force contractors to use union labor on projects. The THUGS set fire to equipment, beat contractors with baseball bats, and picketed apartment complexes where contractors lived. Recently two of the ten union members plead guilty to arson-related charges, including two counts of maliciously damaging property by means of fire, extortion, and RICO conspiracy [...]

11 Oct, 2014

Jason Grams Elected President of the Robert M. Spire American Inn of Court

By | 2018-07-11T18:17:16+00:00 October 11th, 2014|Latest News, News|

On July 1, 2014, Jason Grams became president of the Omaha, Nebraska chapter of the American Inns of Court.  The Robert M. Spire American Inn of Court is a distinguished group of judges, lawyers, and law students dedicated to the development of civility, ethics, professionalism, and excellence in the legal profession.  Jason previously served as treasurer and president-elect of the Inn.

11 Oct, 2014

Jason Grams Graduates from the Nebraska State Bar Association’s Leadership Academy

By | 2018-07-11T18:17:16+00:00 October 11th, 2014|Latest News, News|

Jason W. Grams graduated from the Nebraska State Bar Association’s Leadership Academy on July 18, 2014.  The mission of the NSBA Leadership Academy is to develop the leadership skills of the participants to allow them to make greater contributions to the legal profession and their community.  Academy participants engage in day-long monthly seminars on a variety of topics including (1) leadership skills, (2) governance/community service, (3) legislative session, (4) interacting [...]

8 Oct, 2014

Partner John Walker Defends Motor Vehicle Negligence Jury Trial

By | 2018-07-11T18:17:16+00:00 October 8th, 2014|Latest News, News|

LDM Partner John Walker successfully defended a motor vehicle negligence jury trial in the Lancaster County District Court.  The jury returned a verdict favorable to LDM’s clients.  The Plaintiff’s attorney requested the jury return a verdict of $25,000.  Mr. Walker recommended $4,000 or a lesser amount if the jury felt it appropriate.  The jury returned a verdict of $3,508.41.  This amount was less than an offer to confess previously filed [...]

8 Oct, 2014

More Regulations for Federal Contractors

By | 2018-04-23T23:55:13+00:00 October 8th, 2014|Construction Contractor Advisor, Office of Federal Contract Compliance Programs (OFCCP)|

The Office of Federal Contract Compliance Programs (OFCCP) has been busy. In the last several weeks, the OFCCP has proposed regulations that will require contractors and subcontractors to provide summary compensation data and another rule prohibiting federal contractors and subcontractors from discriminating against employees or applicants who inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant. Equal Pay Report The OFCCP has proposed [...]

8 Oct, 2014

White Flag Waved: EPA drops suit against Lois Alt

By | 2018-04-23T18:22:20+00:00 October 8th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The Environmental Protection Agency ("EPA") has decided not to appeal the Northern District of West Virginia's ruling in favor of poultry farmer, Lois Alt.  The court ruled the Clean Water Act ("CWA") did not regulate storm water runoff from the non-production areas of a farmyard.  A great outcome for Lois Alt which may impact concentrated animal feeding operations ("CAFOs") across the country. In 2012 the EPA handed Lois Alt an [...]

7 Oct, 2014

Ebola in Texas!

By | 2018-04-23T23:57:55+00:00 October 7th, 2014|Health Care Law, Medical Malpractice, Midwest Medical Legal Advisor|

Earlier, I blogged about two NMC employees being fired for viewing Dr. Sacara’s medical records without authorization.  Dr. Sacara had been treated for Ebola at NMC. Recently, a man in Texas was diagnosed with Ebola.  This is different from Dr. Sacara, who was being treated at NMC for Ebola.  In other words, NMC knew of Dr. Sacara’s condition.  The Texas patient contacted Ebola in Liberia, traveled to the United States [...]

6 Oct, 2014

When Do You Call Your Lawyer?

By | 2018-04-23T23:55:13+00:00 October 6th, 2014|Construction Contractor Advisor, Construction Law|

The National Association of Home Builders recently conducted a survey asking its members about the legal issues they faced in the last 12 months and whether they consulted their attorney to deal with the problem. Below are some highlights of the survey. Legal Issue % of Homebuilders % Contacted Counsel Warranty/call back claims 34% 51% Contract disputes 22% 84% Defective Install/Workmanship 20% 83% OSHA Issues 13% 33% CGL Coverage Questions [...]