Latest News

20 Jan, 2021

I’m Not Getting Paid. Can I Terminate the Contract?

2021-01-21T08:58:20-06:00January 20th, 2021|AIA Contracts, Breach of Contract, Construction Contractor Advisor, Construction Contracts, Nebraska Construction, Nebraska Construction Law|

I’d like to say that the answer is clearly yes, but that’s rarely the case with construction contracts.  Ultimately, it will come down to the facts of your situation and whether the construction contract specifically allows you to pull off the job. Not Getting Paid Not getting paid is probably the most popular reason contractors terminate a construction contract.  The difficulty arises when we look closely at the circumstances leading [...]

13 Jan, 2021

Construction Contracts–The Scope of the Work

2021-01-13T14:22:41-06:00January 13th, 2021|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Scope of Work|

Construction contracts can take on many shapes and sizes and there are several important provisions that you should review.  But, the most important, in my mind, is the scope of work to be provided. Preventing Costly Overruns Ideally, the scope of work will detail, and limit, the work that is to be provided for the money that the owner is obligated to pay. We recommend that the scope of work [...]

8 Jan, 2021

Judicial Response to COVID-19 – UPDATES x15

2021-01-08T11:27:55-06:00January 8th, 2021|COVID Court|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into [...]

23 Dec, 2020

Happy Holidays

2020-12-19T10:42:59-06:00December 23rd, 2020|Construction Contractor Advisor|

Another year is drawing to a close and we want to thank all of our construction clients with whom we have had the pleasure of working this past year.  We really do appreciate the opportunity to help you with your business operations.  We look forward to working with you in 2021. Happy Holidays

16 Dec, 2020

COVID-19 Vaccines are Here:  Can you require employees to be vaccinated?

2020-12-15T12:58:18-06:00December 16th, 2020|Construction Contractor Advisor, COVID Vaccine, COVID-19|

Today's post is by Eric Tiritilli, one of our Employment Law specialists. Currently, there is no formal guidance from federal agencies regarding whether an employer may require an employee to be vaccinated for COVID-19.  But, the EEOC has previously allowed mandatory vaccinations in the context of flu. Given that the EEOC considers the COVID-19 pandemic a “direct threat” to health in the workplace, it is likely that it would similarly [...]

11 Dec, 2020

Dempsey & Vipond Obtain Dismissal of Medical Malpractice Case in Iowa

2020-12-11T14:30:05-06:00December 11th, 2020|Latest News|

On an issue of first impression, Attorneys Sarah Dempsey and Patrick Vipond recently obtained a dismissal of a physician in a medical malpractice action in Iowa state court.  New rules in Iowa require a plaintiff to file a certificate of merit signed by an expert witness who is willing to testify that the defendant physician breached the standard of care.  The Iowa rules require that this certificate be signed by [...]

11 Dec, 2020

Nebraska “Farm Products” Definition: Now Includes Hemp and Goats

2020-12-11T14:30:58-06:00December 11th, 2020|Midwest Agricultural Law|

Wait. Did you say Hemp? Nebraska has amended the definition of “farm products” for statutes that govern security interests on farm products.  For the first time, the list of farm products now includes goats and hemp.  Really, goats are just now being added?  The Secretary of State has published a revised Nebraska Effective Financing Statement (Form EFS-1) that includes goats and hemp, which is in effect now.  Effective [...]

25 Nov, 2020

Enigma Wrapped in a Riddle: Federal Arbitration Act Interplay with Crop Insurance Disputes

2020-11-25T16:28:32-06:00November 25th, 2020|Arbitration, Crop Insurance, Midwest Agricultural Law|

Around this time last year, the 8th Circuit Court of Appeals found that an arbitrator did not exceed his authority when a dispute over the interpretation of a crop insurance policy provision arose after the arbitration proceedings.  Balvin v. Rain and Haill, LLC. Why is this important? It is important because in 2015, the Federal Crop Insurance Corporation ("FCIC") issued Final Agency Determination ("FAD") 230* which stated the following: A [...]

18 Nov, 2020

Workplace Safety–the Unpreventable Employee Misconduct Defense

2020-11-14T10:08:22-06:00November 18th, 2020|Construction Contractor Advisor, OSHA|

Just because an employee gets hurt on the job does not mean you are facing an OSHA penalty.  Employers have a defense to an OSHA citation when the violation of a safety rule was due to unpreventable employee misconduct. However, proving this defense requires substantial planning, well before an incident or investigation. Unpreventable Employee Misconduct Defense OSHA requires that an employer do everything reasonably within its power to ensure that [...]

12 Nov, 2020

So You’ve Got A Construction Lien, Now What?

2020-11-12T10:30:43-06:00November 12th, 2020|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

Contractors sometime believe that once the lien is filed, they are home free for getting paid.  Unfortunately, that is often not the case.  There are always concerns about whether the owner has sufficient funds to pay the contractor and subcontractors.  Obviously, that is why the lien was filed.  There are also concerns about whether there is any equity in the property to satisfy the liens.  But, even if you file [...]

11 Nov, 2020

Judicial Response to COVID-19 – UPDATES x14

2020-11-11T11:48:41-06:00November 11th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into [...]

4 Nov, 2020

Arbitration versus Litigation

2020-10-31T11:08:55-05:00November 4th, 2020|Arbitration, Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

Construction contracts often contain an arbitration or litigation provision.  While each forum has its advantages, a question often times overlooked is whether an arbitration provision is enforceable. Litigation is the Default Litigation is the default method of dispute resolution.  This is not to say that litigation is the best way to resolve a case.  But unless the contract contains an enforceable arbitration agreement, the parties will have to take their [...]

30 Oct, 2020

Overturning a Crop Insurance Arbitration: The Struggle is Real

2020-11-03T14:49:14-06:00October 30th, 2020|Arbitration, Crop Damage Claims, Crop Insurance, Midwest Agricultural Law|

Ask anybody who has attempted to overturn an arbitrator's award in a crop insurance arbitration; the struggle is real even when the arbitrator is dead wrong. Crop insurance arbitration is held to the standards of the Federal Arbitration Act (the "Act").  The Act strictly prohibits overturning an arbitration award unless "the arbitrators exceeded their powers, or so imperfectly executed them that a mutual final, and definite award upon the subject [...]

28 Oct, 2020

Be Careful Negotiating a “Paid-in-Full” Check

2020-10-23T13:53:29-05:00October 28th, 2020|Accord and Satisfaction|

You’ve probably heard a story about a business owner that cashed a “paid-in-full” check and waived the rest of her claim.  But, can this really happen? A recent case out of Mississippi reminds us that it can. In this case, a contractor was hired to build a municipal water system.  Disputes arose and the contractor threatened to file suit.  The municipality then issued a check to the contractor marked “Paid [...]

26 Oct, 2020

Senator E. Benjamin Nelson – NSBA 50 Years

2020-10-26T14:15:50-05:00October 26th, 2020|Latest News|

The Nebraska State Bar Association would like to recognize Senator E. Benjamin Nelson for his adherence to the highest principles and traditions of the legal profession and for his service to the public and to the profession through his faithful performance of his duties as a Nebraska lawyer for 50 years. Congratulations Senator Nelson! Link to Nebraska Lawyer: https://cdn.ymaws.com/www.nebar.com/resource/resmgr/annual_meeting/pdf/50-Year_MemberSpotlight.pdf

22 Oct, 2020

Signing Lien Waiver and Releases—Think Twice

2020-10-18T11:50:03-05:00October 22nd, 2020|Lien Releases, Pay Application, Waivers|

Subcontractors are asked to sign lien waivers and releases nearly every time they submit a pay application. But, it may be worth your time to review the language and identify unpaid work before you submit the waiver.  A recent case out of North Carolina drives home this point. Gamewell Mech, LLC v. Lend Lease (US) Construction, Inc. involved a breach of construction contract between the subcontractor and general contractor.  The [...]

21 Oct, 2020

Small Business Stabilization Grant – UPDATE

2020-10-21T14:16:36-05:00October 21st, 2020|COVID Business, COVID-19|

All – Today the Governor announced a second round of grant money for certain business.  Beginning on October 21, 2020 certain small businesses who did not receive a grant in the first round of grants are eligible to apply for the second round of funding.   The awards will not exceed $12,000 and are first come, first served.  There are other grants available for charitable organizations, centers of worship, livestock producers, [...]

20 Oct, 2020

Partner Mark Novotny is Appointed to Nebraska Supreme Court Covid Court Committee

2020-10-20T17:12:48-05:00October 20th, 2020|Latest News|

LDM Partner and Nebraska Bar Association Executive Committee member Mark Novotny was selected by the NSBA to serve on the “COVID 19 and the Courts Response Committee.”  This group will be an administrative committee  under the Nebraska Supreme Court to evaluate whether the measures put in place by Nebraska Appellate Courts, Trial Courts and Probation allowed their mission-essential functions to carry on during the pandemic and if the Judicial Branch’s [...]

7 Oct, 2020

Executive Order Requires Government Contractors to Review Employee Training

2020-10-03T11:27:48-05:00October 7th, 2020|Construction Contractor Advisor, Executive Order, Federal Construction Projects, Government Contracting|

On September 22, 2020, President Trump issued an executive order entitled Combatting Race and Sex Stereotyping.  The Executive Order requires contractors to review the anti-harassment training they provide to their employees and include additional language in their subcontracts. The Purpose of the Executive Order The express purpose of the Executive Order is to combat “misrepresentations of our country’s history and its role in the world.”  According to the EO, these [...]

5 Oct, 2020

Best Lawyers In America 2021

2020-10-05T13:37:14-05:00October 5th, 2020|Latest News|

Lamson Dugan & Murray LLP is proud to announce that 13 of their attorneys will be recognized in the 27th Edition of The Best Lawyers in America. This recognition is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Congratulations to the following partners! Bet-the-Company Litigation • William M. Lamson, Jr Closely Held Companies and Family Businesses Law • Daniel J. Waters [...]

30 Sep, 2020

Protecting Your Crop Hail Claim: Dangers of the Roadside Adjustment

2020-09-30T14:26:05-05:00September 30th, 2020|Crop Insurance, Midwest Agricultural Law|

Hail damage to corn field near Hastings, Nebraska Every year farmers face multiple weather events that can instantly undo the hard work of planting and maintaining a crop.  Widespread drought and flooding can wipe out entire crops across a large area.  On the other hand, hail and wind storm damage may be extremely variable.  Notwithstanding the recent derecho event, a hail or wind storm might affect one farmer [...]

30 Sep, 2020

Change Order Best Practices—Document the Request

2020-09-26T11:29:24-05:00September 30th, 2020|Change Orders, Construction Contractor Advisor, Construction Contracts|

You know the situation, the project manager or superintendent just cornered you on the job site and told you that he needs some extra work.  But, what you do next may very well make the difference on whether you get paid for that extra work. Document the Conversation The first thing you should do is confirm the conversation in an e-mail to the project superintendent or whomever is your point [...]

23 Sep, 2020

Should you Update your Construction Contracts after COVID?

2020-09-12T11:50:59-05:00September 23rd, 2020|Construction Contractor Advisor, Construction Contracts, Construction Law, COVID Construction|

There are few, if any, construction projects that were not impacted by COVID-19.  Now that we have all dealt with these impacts, it’s time to look ahead and determine if your construction contracts should be updated to address these impacts. Below are some provisions that you should review to address future COVID type situations. Notice Provisions Delivery of notices is a critical obligation under construction contracts. But, what if the [...]

16 Sep, 2020

Damages for Delays and Disruptions on the Project—How do you recover them?

2020-09-12T11:20:37-05:00September 16th, 2020|Construction Contractor Advisor, Construction Damages, Construction Delays, Delay Damages|

Construction projects around the country are experiencing delays.  These delays can lead to extended general conditions, idle labor and equipment costs, material cost escalation, and de-mobilization and re-mobilization costs.  But, how do you recover those damages? Notice The first step to recovering delay damages is to provide notice. But, your notice has to be timely and it has to follow the requirements of the contract.  So, review the contract and [...]

9 Sep, 2020

How Not to Use a PPP Loan!!

2020-09-02T07:28:13-05:00September 9th, 2020|Construction Contractor Advisor, Construction Law, Fraud|

The U.S. Attorney for Minnesota recently indicted a contractor for defrauding the Paycheck Protection Program ("PPP").  Given the broad uses of PPP loans, this contractor went pretty far out of bounds to get himself indicted. The U.S. Attorney’s press release explained the underlying allegations. Strike One: The contractor applied for a PPP loan well after his construction company had stopped operation. Strike Two: The contractor submitted false employee and expense [...]

8 Sep, 2020

Judicial Response to COVID-19 – UPDATES x13

2020-09-09T14:35:45-05:00September 8th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into [...]

3 Sep, 2020

What Does it Mean to Incorporate the Prime Contract?

2020-09-02T07:23:53-05:00September 3rd, 2020|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

How often have you read that the terms of the prime contract are incorporated into the subcontract?  If you read your subcontracts, you’ve probably seen that language in every contract over the last 10 years. But, what does that mean?  It means you are bound by the terms of the prime contract, even if you haven’t seen it. Contract Language Most construction subcontracts incorporate the prime or upstream contact.  A [...]

26 Aug, 2020

The Economics of Litigation Must Make Sense

2020-08-22T09:11:28-05:00August 26th, 2020|Construction Contractor Advisor, Construction Litigation, Nebraska Construction Law|

Much as the economics of a construction project must make sense, the same is true when you are considering litigation.  The costs associated with litigation must be considered in light of the potential recovery.  A recent decision from the Nebraska Court of Appeals drove this point home. The case, Scheichinger v Swain Construction, involved the sale of a skid loader and a claim that Swain Construction misrepresented the number of [...]

25 Aug, 2020

Likely One of More: Maxwell Foods v. Smithfield Foods

2020-08-26T10:20:28-05:00August 25th, 2020|Midwest Agricultural Law|

Throughout the summer we received several requests to review production contracts between livestock producers and meat packers.  The requests were made due to concerns that one party was not living up to the terms of the agreement.  Consequently, it came as no surprise when one of the larger hog producers, Maxwell Foods, filed suit against one of the largest packers, Smithfield Foods, for breach of contract.  The suit is likely [...]

21 Aug, 2020

Financial, Legal and Tax Considerations for your Small Business Webinar

2020-08-21T15:31:31-05:00August 21st, 2020|Latest News|

Upcoming Webinar! Setting up and operating a small business is no easy challenge. Whether you are just getting started, flying solo or working with others, there are considerations that you should be aware of for your small business. Join me as I sit down with Catherine French, Estate Planning Attorney at Lamson Dugan & Murray, and Jessica Thompson, CPA, CFP®, MPAcc, at Verdant Accounting as we uncover all angles of [...]

19 Aug, 2020

Judicial Response to COVID-19 – UPDATES x12

2020-08-19T15:21:05-05:00August 19th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into [...]

13 Aug, 2020

Judicial Response to COVID-19 – UPDATES x11

2020-08-18T15:25:46-05:00August 13th, 2020|COVID Court, COVID-19|

Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into place for the [...]

13 Aug, 2020

Omaha Mask Mandate

2020-08-18T12:18:24-05:00August 13th, 2020|COVID Business, COVID-19|

On August 11, 2020 the Omaha City Council passed an emergency ordinance mandating masks when indoors at a premises open to the general public unless an individual maintains a minimum of six feet of separation or social distance at all times from anyone who is not a member of the individual’s household. It will be in place until September 15, 2020.  The definition of premises open to the general public [...]

12 Aug, 2020

Why You Need an I-9 Audit

2020-08-10T08:42:47-05:00August 12th, 2020|Construction Contractor Advisor, Form I-9, I-9 Audit, ICE|

As you all know, you must complete an I-9 for all new hires.  And, as of last May, you should be using the most recent I-9 form.  The U.S. Department of Homeland Security’s Immigration Customs and Enforcement (ICE) takes I-9’s very seriously and while I-9s are not difficult to complete, the penalties for not having them completed properly can be significant. If ICE decides to audit you, you will first [...]

5 Aug, 2020

FIGG Bridge–Debarred for 10 Years?

2020-08-04T07:34:32-05:00August 5th, 2020|Construction Contractor Advisor, Debarred, Federal Construction Projects|

The Department of Transportation’s Federal Highway Administration (FHWA) suspended FIGG Bridge Engineers, Inc. from participating in any federally funded projects and has proposed a 10-year debarment, which would bar FIGG from performing work on any federally funded or assisted projects. The FHWA decision to bar FIGG is based on FIGG’s involvement with the 2018 pedestrian bridge collapse at Florida International University’s campus.  As you may recall, the collapse killed six [...]

30 Jul, 2020

Bogen Elected Central Region Vice President of NARTC

2020-07-30T14:16:44-05:00July 30th, 2020|Latest News|

At the annual meeting of the National Association of Railroad Trial Counsel (NARTC), Nichole S. Bogen was elected the Central Region Vice President for 2020-2021. Ms. Bogen also serves on the Executive Committee. The NARTC is a 66 year-old organization made up of the top railroad trial attorneys from across the United States and Canada. Membership in NARTC is limited to lawyers who handle litigation and/or related matters for railroads [...]

29 Jul, 2020

OSHA—More COVID Updates

2020-07-25T09:33:24-05:00July 29th, 2020|Construction Contractor Advisor, COVID-19, OSHA|

OSHA has issued new Frequently Asked Questions addressing when an employer must report work-related cases of COVID-19.  Unfortunately, the FAQs seem contrary to the 24-hour hospitalization rule. As you likely know, section 1904.39(b)(6) requires employers to report an inpatient hospitalization only if the hospital admission occurs within 24 hours of a work-related incident.  Applying this to COVID, if an employee is exposed at work and then goes to the hospital within [...]

22 Jul, 2020

Federal Contractors—Are your EEO and AA policies in place?

2020-07-17T13:14:00-05:00July 22nd, 2020|Affirmative Action Plan, Construction Contractor Advisor, EEO Policy, Office of Federal Contract Compliance Programs (OFCCP)|

If you are a federal contractor, you probably have equal employment opportunity (“EEO”) and affirmative action (“AA”) plans in place.  But if you are scratching your head and wondering if you have implemented these policies, perhaps it’s time to contact your local construction attorney and get some help drafting and implementing these policies. Who Needs an EEO and AA Plan? Any contractor who does more than $10,000 of government contract [...]

15 Jul, 2020

Buy-Sell Agreements-An Important Tool for your Construction Company

2020-07-11T09:40:10-05:00July 15th, 2020|Construction Contractor Advisor, Corporate Formalities|

Having a well drafted Buy-Sell Agreement is as important as having the right tool for the job. A recent Nebraska Supreme Court opinion serves as a reminder of this fact or you could spend thousands of dollars and years litigating about rights and interests in the company. This case involved three individuals who owned a construction company in Kearney, Nebraska.  The majority shareholder passed away in 2015 and the deceased’s [...]

14 Jul, 2020

UPDATE: Nebraska Small Business Stabilization Grant Extended

2020-07-14T15:32:50-05:00July 14th, 2020|COVID Business, COVID-19|

The Small Business Stabilization Grant program has been extended until this Friday July 17, 2020 at 4:00 p.m. and is accepting new applicants (previous applicants are expected to be notified of the award status this week). Here is a press release put out by the Nebraska Department of Economic Development: DED Reopens Small Businesses Stabilization Grant Program with Expanded Eligibility They anticipate they can award up to 14,000 more grants [...]

7 Jul, 2020

If You Can’t Get In Through the Front Door, Go Through the Back Door: Cross-Appealing on a Petition for Further Review

2020-07-30T14:08:05-05:00July 7th, 2020|Nebraska Litigation & Trial Advisor|

Last week the Nebraska Supreme Court decided an interesting appellate jurisdictional question. In Picard v. P& C Group I, 306 Neb. 292, the Supreme Court confronted allocation in a worker’s compensation case. The plaintiff had twice suffered work-related injuries, each to a different body part. Both injuries resulted in permanent partial disability and loss of earning capacity. The question was whether the worker’s compensation court could apportion any loss of [...]

25 Jun, 2020

Ergonomics: Tips to Avoid Work-Related Injuries While Working From Home

2020-06-25T14:15:08-05:00June 25th, 2020|COVID Workers' Compensation, COVID-19|

As more employees are working from home due to the COVID-19 pandemic—many of whom are doing so indefinitely with no firm end point in sight--employers should urge employees to take certain steps to avoid injury and create a productive, safe, and comfortable work environment.  Here are some tips for working from home: Set up an ergonomic work station. Ergonomics is the study of the body and how it interacts with [...]

25 Jun, 2020

Can an Employees Working From Home File Workers’ Compensation Claims?

2020-06-25T14:12:22-05:00June 25th, 2020|COVID Workers' Compensation, COVID-19|

Due to the COVID-19 pandemic, a growing number of employees are continuing to work from home; however, working from home may complicate workers’ compensation claims.  Workers’ compensation generally applies only to injuries occurring in the scope and  course of employment.  This can be problematic as employers have little or no control of an employee’s home office environment.  It is also more difficult to prove that an injury was work-related, because [...]

25 Jun, 2020

States Expanding Workers’ Compensation Coverage for Essential Workers

2020-06-25T14:10:19-05:00June 25th, 2020|COVID Workers' Compensation, COVID-19|

In late April, the Iowa American Federation of Law, AFL-CIO, called on Iowa state officials to establish standards and protections for workers during the COVID-19 pandemic, including expanding workers’ compensation coverage to essential workers.  Both Iowa and Nebraska have yet to consider extending such protections. Ordinarily, the worker must demonstrate that he or she was injured in the course or scope of employment.  With respect to COVID-19, the employee would [...]

24 Jun, 2020

Take-Out Food and the First COVID-19 Force Majeure Opinion

2020-06-20T11:27:32-05:00June 24th, 2020|Construction Contractor Advisor, COVID Bankruptcy, COVID-19, Force Majeure|

An Illinois bankruptcy court was the first court in the country to issue an opinion on how a force majeure clause in a commercial lease would be applied to the COVID-19 pandemic.  Not surprisingly, the language of the underlying force majeure clause and the Illinois’ Governor’s executive order played critical roles in the court’s analysis.  As it turned out, take-out food saved the contract. The case involved a restaurant that [...]

23 Jun, 2020

Bankruptcy Court Interprets Code Section1232(a) In A Way Favorable to Farmers

2020-06-23T16:21:42-05:00June 23rd, 2020|Latest News|

In a recent case of first impression the United States Bankruptcy Court the Northern District of Iowa (In Re: Devries, BK No. 19-00181), Thad J. Collins, Chief Bankruptcy Judge, interpreted recently-enacted Bankruptcy Code section 1232(a) to make capital gains by a farmer an unsecured claim for taxes not accorded any priority, and not subject to setoff under section 553(a). The court, relying significantly on Legislative History, held that Congress intended [...]

23 Jun, 2020

Judicial Response to COVID-19 – UPDATES x10

2020-06-23T15:20:20-05:00June 23rd, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into [...]

18 Jun, 2020

Sean Minahan Selected to NSBA Executive Council

2020-06-18T09:15:23-05:00June 18th, 2020|Latest News|

Partner Sean Minahan was selected as the 5th Judicial District Representative on the Nebraska State Bar Association Executive Council. The NSBA works for Nebraska lawyers to help them achieve the highest standards of competence, ethics, and professionalism and to protect and promote the administration of and access to justice. The Executive Council consists of one delegate elected from each of Nebraska’s six Supreme Court districts, a chair and chair-elect elected by the [...]

17 Jun, 2020

Shoddy Construction Work – Is it covered by your CGL?

2020-06-13T10:31:54-05:00June 17th, 2020|Commercial General Liability (CGL), Construction Contractor Advisor|

A recent 8th Circuit Court of Appeals case, applying Missouri law, reminds us that shoddy workmanship may not be covered by your commercial general liability insurance.  This also means that if an owner claims your faulty workmanship caused problems on the project, you may have to pay those damages out of your own pocket, not the insurers. In this case, American Family Mutual Insurance Co., S.I. v. Mid-American Grain Distributors, [...]

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