Latest News

11 Nov, 2019

Coauthors Trent-Vilim and Feeney: Nebraska Supreme Court Shows the Weyh forward on Recovery of Prejudgment Interest

2019-11-11T16:10:02-06:00November 11th, 2019|Latest News|

LDM partners Cathy Trent-Vilim and Adam Feeney published a featured article in the November/December 2019, The Nebraska Lawyer, Vol 22 Issue 6.  The article relates to the Nebraska Supreme Court's clarification of decades of confusing case law related to prejudgment interest. Link to the article: https://cdn.ymaws.com/www.nebar.com/resource/resmgr/nebraskalawyer_2017plus/2019/novemberdecember/TNL-1119c.pdf Nebraska Supreme Court Shows the Weyh forward on Recovery of Prejudgment Interest Earlier this year, in Weyh v. Gottsch, the Nebraska Supreme Court clarified [...]

7 Nov, 2019

OSHA Top Ten Standard Violations for 2019

2019-11-11T14:58:08-06:00November 7th, 2019|Construction Contractor Advisor, OSHA|

OSHA’s fiscal year ended earlier this fall and OSHA published its annual Top Ten violations for 2019.  It is striking that the most common violations for this year are the same from last year and the Top five have not changed for 5 years.  Because the Top 10 represent the most frequently cited standards, they are a good place to start for employers to identify hazards in their workplace. Here is [...]

31 Oct, 2019

Personal Liability for Signing Payment Affidavits? Uh-oh.

2019-10-26T12:47:15-06:00October 31st, 2019|Construction Claims, Construction Contractor Advisor, Fraud|

Have you ever considered whether you could be held personally liable for signing company documents?  Maybe you should, especially if you know the documents are false. A recent case out of Ohio, Decker v. Wesex, is considering whether the CFO of a construction company can be held personally liable for falsifying affidavits that stated that the construction company was paying its subcontractors. In this case, Wesex was hired to build [...]

23 Oct, 2019

Construction Contracts—Considering the Long Game

2019-10-21T13:47:45-06:00October 23rd, 2019|Attorney Fees, Construction Contractor Advisor, Construction Contracts|

 A recent case out of Maryland ruled that a subcontractor must pay a general contractor $2,500,000 for construction defects arising out of a 2004 project.  Now, the case did take three years to wind its way through the courts, but would you be ready to defend even a 12-year-old claim?  Would you have kept the contract and documents related to the project?  Background This project involved the construction of a [...]

22 Oct, 2019

Adam Feeney Elected Treasurer to NSBA Alternative Dispute Resolution Section

2019-10-22T15:19:52-06:00October 22nd, 2019|Latest News|

Partner Adam Feeney was elected Treasurer to the NSBA’s Alternative Dispute Resolution Section.  The section studies the different alternatives for dispute resolution and the circumstances in which they are likely to work. The section uses both recognized concepts of due process and the efficient administration of justice, and make recommendations with respect to the promotion and implementation of various means of dispute resolution to the Executive Council and the House [...]

18 Oct, 2019

Five Reasons to Never Forego a Reply Brief

2019-10-18T10:21:11-06:00October 18th, 2019|Appealing Litigation, Appellate Work|

I was recently speaking with a member of the Nebraska Court of Appeals . During the discussion, the judge lamented how surprised he/she is that so few Nebraska attorneys file reply briefs. My jaw practically hit the floor. I simply could not believe attorneys forego a reply brief. Think about a reply brief the same way you would a rebuttal closing argument. As trial counsel, could you ever imagine yourself [...]

16 Oct, 2019

LDM Welcomes Four New Associates to the Firm

2019-10-16T16:56:05-06:00October 16th, 2019|Latest News|

Lamson Dugan & Murray is pleased to announce that Drew Engle, Ellen Geisler, Cameron Riecke, and Patrick Wier have joined the firm. Drew Engle is an associate attorney in the litigation department at Lamson Dugan & Murray.  Mr. Engle graduated cum laude from Creighton University School of Law with a concentration in litigation.  Mr. Engle was a member of the Creighton Law Review and served on the Executive Board of the Law Review [...]

16 Oct, 2019

300,000+ Comments on DOL’s Apprenticeship Rule

2019-10-14T07:43:14-06:00October 16th, 2019|Apprenticeship Programs, Construction Contractor Advisor, Department of Labor|

The Department of Labor received more than 300,000 comments on it Proposed Apprenticeship Rule.  The vast majority of those comments were from the construction industry, and not surprisingly the trade unions and ABC and AGC are split on the issue. The Department of Labor issued its proposed regulations on June 25.  The proposed rules would establish a process through which industry groups could create industry related apprenticeship programs.  The DOL’s [...]

9 Oct, 2019

DOL Issues Final Overtime Regulations

2019-10-08T13:21:33-06:00October 9th, 2019|Construction Contractor Advisor, Exempt Employee, FLSA|

This post is provided by one of Lamson Dugan & Murray's Employment Law Attorneys, Eric Tiritilli. The U.S. Department of Labor (DOL) finally issued the overtime regulations, updating the salary thresholds for the white-collar exemptions, including executive, administrative, professional exemptions, and the highly compensated employee exemption under the Fair Labor Standards Act (FLSA). As you may recall, the DOL originally tried to increase the salary threshold under the Obama administration, [...]

7 Oct, 2019

Word to the Wise: Provide the NRD What They Ask For!

2019-10-07T13:34:33-06:00October 7th, 2019|Midwest Agricultural Law|

A pivot is only as good water allowed to run through it If you own farmland in a Natural Resource District in the state of Nebraska, then the case of Prokop v. Lower Loup Nat. Res. Dist., should give you pause. Robert Prokop has operated a farm since 1962 in Nance County which falls within the regulatory territory of the Lower Loup Natural Resource District (LLNRD) of central [...]

2 Oct, 2019

Construction Law Lunch and Learn

2019-10-08T16:49:14-06:00October 2nd, 2019|Construction Contractor Advisor, Construction Lien, Latest News, Lien Waiver|

Construction Law Join us Wednesday October 30, 2019 at 11:30 a.m. for a discussion of Construction Liens and Lien Waivers: Protecting Your Right to Payment During this presentation, we will discuss: Steps to ensure that you are preparing and filing your liens correctly What to review for before you sign a lien waiver We look forward to seeing you on October 30th at 11:30 a.m. at the offices of Lamson [...]

1 Oct, 2019

Pedestrian bridge over North Freeway to be named for 2 brothers who made mark on Creighton, Omaha

2019-10-01T11:14:52-06:00October 1st, 2019|Latest News|

The highway-spanning pedestrian overpass that links Creighton University with the student-dominated Atlas apartments will be officially named Tuesday in honor of two brothers whose mark can be seen at Creighton and across Omaha. As it so happens, one of those siblings already had a history with the bridge, and that tie dates back more than 40 years — before the almost 600-foot span was even built. In recognition of C.E. “Carr” [...]

20 Sep, 2019

The Cost of Project Labor Agreements

2019-09-20T08:46:16-06:00September 20th, 2019|Construction Contractor Advisor, PLA, Project Labor Agreement|

Last month a New Jersey contractor filed a lawsuit alleging that the requirement of a project labor agreement on the Scudder Falls Bridge cost the taxpayers of New Jersey and Pennsylvania over $70 million.  If the contractor prevails, it could be a major blow to the use of PLAs by government entities. Project labor agreements are often required on public works project to ensure that union contractors are selected for [...]

17 Sep, 2019

Refresher on Nebraska Ag Liens Part 5: The Fuel Lien

2019-09-17T16:16:50-06:00September 17th, 2019|Midwest Agricultural Law|

A lien for the supplier of petroleum products used for crop production. As a teenager did anybody else sneak gas from the farm barrel to fuel a Friday or Saturday night out?   Anybody?  No?  Yeah, me neither. In Nebraska, that fuel may have a lien against it if the supplier filed a financing statement within 6 months of furnishing the fuel or lubricants.  The financing statement must contain the [...]

17 Sep, 2019

Attorney Patrick Wier – Spurred On

2019-09-17T12:48:18-06:00September 17th, 2019|Latest News|

LDM Attorney Patrick Wier was highlighed in the Fall 2019, Creighton Lawyer Magazine.  The article, Spurred On, discusses a brother's challenge that eventually leads to a law degree for a cowboy-at-heart. Find the full story here:  http://viewer.zmags.com/publication/d97c97ea#/d97c97ea/8

16 Sep, 2019

Craig Martin – Presenter at the 2019 Real Estate Institute

2019-09-16T09:01:53-06:00September 16th, 2019|Latest News|

Craig Martin, a Partner at Lamson Dugan & Murray, was a presenter at the 2019 Real Estate Institute. He discussed how contract clauses can, and often do, create problems on construction projects. The presentation reviewed these clauses, the recent Nebraska Supreme Court case U.S. Pipeline v. Northern Natural Gas Co., 330 Neb. 444 (2019), and the court’s interpretation of contract provisions and conduct that can result in a waiver. The [...]

13 Sep, 2019

Do You Have Lien Rights under a Pay-if-Paid Contract?

2019-09-11T10:18:30-06:00September 13th, 2019|Construction Contractor Advisor, Construction Contracts, Construction Lien, Pay-if-Paid|

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 [...]

6 Sep, 2019

Can a General Contractor Be Liable for a Subcontractor’s Employee’s Injury?

2019-09-05T09:08:32-06:00September 6th, 2019|Construction Contractor Advisor, Nebraska Construction Law, Risk Management|

The short answer is maybe.  Nebraska courts have long held that a general contractor can be held liable for a subcontractor’s employee’s injury, but only if the general contractor exercises significant control over both the worksite and the subcontractor.  The question becomes whether the general contractor’s conduct demonstrates this control. A general contractor that retains control over a subcontractor’s work has a duty to use reasonable care to prevent injuries [...]

5 Sep, 2019

Partner Bogen – Summary Judgment on Retaliation Claim

2019-09-05T09:39:57-06:00September 5th, 2019|Latest News|

Today, the U.S. District Court for the District of Nebraska dismissed a railroad conductor’s retaliation claim. The conductor had reported an injury that he claimed stemmed from a specific incident occurring about 18-months before his report to his employer, the railroad. The railroad disciplined the conductor for late reporting and other violations of the General Code of Operating Rules. The conductor claimed he was retaliated against for reporting a work-related [...]

30 Aug, 2019

Musicians and Ballerinas Helping the Construction Industry

2019-09-03T10:07:37-06:00August 30th, 2019|Construction Contractor Advisor, Union Activity, Worksite Control|

It's not often you can say that musicians and ballerinas helped clarify the rules around access to a job-site or workplace. But, it happened earlier this month.  The National Labor Relations Board (“NLRB”) recently clarified that a property owner could exclude off-duty contractor employees from handing out leaflets on its property unless the off-duty employees worked regularly and exclusively on the property and there was no other reasonable alternative means [...]

28 Aug, 2019

Partner Trent-Vilim Moderator at the Opening of Term Seminar & Celebration

2019-08-28T08:32:15-06:00August 28th, 2019|Latest News|

On August 26th, 2019, Partner Cathy Trent-Vilim served as moderator at the Opening of Term Seminar & Celebration event presented by the NSBA Appellate Practice Section.  The event was held at the Nebraska State Capitol  Law Library.  The presenters included Hon. Jonathan Papik, Hon. John Freudenberg, Hon. William Cassel and Hon. Michael Heavican.  The seminar was targeted to lawyers who practice appellate law, with a focus on the Nebraska Supreme [...]

22 Aug, 2019

Filing Your Construction Lien on Time

2019-08-19T14:46:36-06:00August 22nd, 2019|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

As we have discussed in other blog posts, filing a construction lien on time is critical to preserving your claim. If you file a construction lien in Nebraska outside of the 120-day window, your lien will be invalid. This past week, we filed a construction lien electronically in Douglas County.  This means that we submitted the lien on-line and waited for a Douglas County employee to review the lien and [...]

16 Aug, 2019

Will You Get Paid for Delays? No Damage for Delay Clauses Say No. 

2019-08-16T14:47:48-06:00August 16th, 2019|Construction Contractor Advisor, Nebraska Construction Law, No-damage-for-delay|

No-damage-for-delay Clauses are commonplace in construction contracts.  But, have you ever read one and wondered if they are enforceable?  Courts across the country have consistently enforced them and these clauses will severely limit your ability to recover damages caused by delays, even if the delays were not caused by you. What is a No Damage for Delay Clause A no-damage-for-delay clause is just that, a clause that explains that if [...]

15 Aug, 2019

Best Lawyers In America 2020

2019-08-15T08:43:52-06:00August 15th, 2019|Latest News|

Lamson Dugan & Murray is proud to announce that 13 of their attorneys will be recognized in the 26th 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. Bet-the-Company Litigation • William M. Lamson, Jr Commercial Litigation • Brian J. Brislen • Jason W. Grams • William M. Lamson, Jr. • Mark [...]

14 Aug, 2019

Mark Novotny Elected to NSBA Executive Council

2019-10-22T14:37:32-06:00August 14th, 2019|Latest News|

Partner Mark Novotny was elected to the NSBA's Executive Council, District 2. The Nebraska State Bar Association 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 House of Delegates, [...]

9 Aug, 2019

The Bleak Future of Multiemployer Plans

2019-08-14T14:40:30-06:00August 9th, 2019|Construction Contractor Advisor, Multiemployer Plans, Withdrawal Liability|

The Pension Benefit Guaranty Corporation, the federal agency that oversees multiemployer benefit plans, issued its annual Projection Report earlier this month.  And, the outlook is bleak.  The agency is estimating that its insurance program will be insolvent in 2025 unless Congress provides substantial funding. The PBGC oversees multiemployer plans that cover approximately 10 million employees.  Of the multiemployer plans covered by the PBGC, about 58% are unionized, while the remaining [...]

8 Aug, 2019

Andrew J. Huber Joins Lamson Dugan & Murray

2019-08-08T09:20:36-06:00August 8th, 2019|Latest News|

Andrew J. Huber, previously of Dunmire, Fisher, Hastings & Pauley, has joined the law firm of Lamson Dugan & Murray as an attorney effective July 15th, 2019.  Andrew will split his time practicing in Omaha, NE and Hastings, NE, as well as the surrounding Tri-City area.  Andrew's practice focuses on general business, real estate, estate planning, corporate, trust administration and landlord-tenant law.

1 Aug, 2019

Waiving Goodbye to Liquidated Damages

2019-08-01T09:37:40-06:00August 1st, 2019|Construction Contractor Advisor, Construction Contracts, Liquidated Damages, Nebraska Construction|

Construction contracts often contain liquidated damage provisions, requiring a contractor to pay a set amount for each day the project is delayed.  But, as the Nebraska Supreme Court recently ruled, in U.S. Pipeline v Northern Natural Gas, an owner can waive liquidated damages where its actions induce the belief that the owner intended to waive liquidated damages. In this case, the parties agreed that the work would be done in [...]

24 Jul, 2019

Your Final Pay Application IS Your Final Pay Application

2019-07-23T08:30:19-06:00July 24th, 2019|Construction Contractor Advisor, Pay Application|

As the project is winding down, it is crucial that you include all remaining claims in your final pay application.  A recent Nebraska Court of Appeals decision drove this point home when it ruled that a contractor was not entitled to additional compensation it requested after submitting its final pay application. In ARR Roofing, LLC v. Nebraska Furniture Mart, Inc., ARR Roofing was hired to replace the roof and decking [...]

19 Jul, 2019

What Is the Work?

2019-07-23T07:45:14-06:00July 19th, 2019|Construction Contractor Advisor, Construction Contracts|

When you review a construction contract, are you also reviewing the description of the Work that you’ll be doing?  I mean, are you really looking at that section to make sure that it accurately describes what you will be doing, and perhaps more importantly, it identifies Work that you will not be doing?  I recommend that you spend a few extra minutes with your contracts to make sure the Work [...]

18 Jul, 2019

Partner Jason Grams Achieves Martindale-Hubbell AV Preeminent Peer Review Rating

2019-07-18T08:56:39-06:00July 18th, 2019|Latest News|

Congratulations to Partner Jason Grams on achieving a Martindale-Hubbell AV Preeminent Peer Review Rating.  This is awarded to only those lawyers with the highest ethical standards and professional ability.  Only approximately 10% of attorneys have achieved this prestigious honor! Jason joins 12 other lawyers of LDM achieving this honor. For more information on Martindale-Hubbell Peer Review Ratings, visit their Ratings and Reviews page.

9 Jul, 2019

Construction Project Problems–Who has to Pay for It?

2019-07-01T08:51:00-06:00July 9th, 2019|Construction Claims, Construction Contractor Advisor, Construction Contracts|

I often harp on the importance of having an experienced construction attorney review your construction contracts.  A recent situation at Dartmouth College emphasized the importance of anticipating the unexpected when reviewing your construction contracts. Dartmouth is building a new $200 million engineering school, with a 340 vehicle underground parking garage. The first step was to dig a 70-foot-deep hole for the 160,000 square foot building.  The problem is that the [...]

2 Jul, 2019

Nebraska Construction Liens–How long do they last?

2019-06-29T11:18:30-06:00July 2nd, 2019|Construction Contractor Advisor, Construction Lien|

This is a continuation of the series of blogs on preserving your rights to get paid on a construction project.  The most effective tool you have to get paid is by filing a construction lien.  But, there’s a lot to consider before you file that lien.  This blog will cover how long your lien will last once it is filed. The Nebraska Construction Lien Act provides that your lien will [...]

28 Jun, 2019

$1.2 M Judgment!

2019-06-28T15:21:17-06:00June 28th, 2019|Latest News|

Congratulations to LDM’s commercial and appellate litigators Brian Brislen, Adam Feeney, Dan Chesire and Cathy Trent-Vilim for obtaining an affirmance of a $1.2 M judgment for LDM’s client.  Nebraska Supreme Court announced the ruling on June 7, 2019.  In addition to the $1.2 M judgment, the trial court awarded prejudgment interest of approximately $900,000. In a 38 page opinion, on an issue of first impression, the Supreme Court adopted LDM’s [...]

27 Jun, 2019

Daniel C. Pauley Joins Lamson Dugan & Murray

2019-08-08T09:21:52-06:00June 27th, 2019|Latest News|

Daniel C. Pauley, previously of Dunmire, Fisher, Hastings & Pauley, has joined the law firm of Lamson, Dugan & Murray as a partner effective June 1st, 2019.  Daniel will split his time practicing in Omaha, NE and Hastings, NE, as well as the surrounding Tri-City area.  Daniel’s practice focuses on general business, real estate, commercial, corporate, estate planning and probate law. Daniel and the Lamson, Dugan & Murray firm plan [...]

27 Jun, 2019

ICE Inspections—Get Prepared Now

2019-06-24T07:25:03-06:00June 27th, 2019|Construction Contractor Advisor, I-9 Audit, ICE|

Immigration and Customs Enforcement (ICE) is responsible for enforcing U.S. immigration laws, including auditing how employers are completing I-9 forms.  ICE conducted nearly 6,000 I-9 audits in 2018, nearly five times more than in 2017.  It’s time you get ready for an ICE audit by auditing your own I-9 policies and procedures. Below are some proactive steps to prepare for an ICE audit. Confirm you have I-9s for Every Employee [...]

26 Jun, 2019

Mystery Solved – How Weyh v. Gottsch Clarifies and Harmonizes Nebraska law on Prejudgment Interest

2019-06-26T12:30:21-06:00June 26th, 2019|Appealing Litigation|

  For some time, Nebraska case law on prejudgment interest has been a quagmire for both attorneys and litigants. Answers to whether, and under what circumstances, litigants could recover prejudgment interest on unliquidated breach-of-contract claims varied. Some cases said certain procedural processes had to be satisfied; others left the question open. It was also unclear how two statutes that both address prejudgment interest -- Neb. Rev. Stat. §§ 45-103.02 and [...]

25 Jun, 2019

Nebraska Tax Sale Law and Recent Revisions: The Effect of Wisner v. Vandelay

2019-06-26T12:34:49-06:00June 25th, 2019|Farm Management, Midwest Agricultural Law, Tax|

A surprising Nebraska Supreme Court opinion has spurred legislative changes to Nebraska's tax sale laws.  Partner Katie French has summarized Nebraska's tax certificate law, the shocking case of Wisner v. Vandelay, and the legislature's necessary but little-too-late response. TAX CERTIFICATE LAW: In the case of delinquent real estate taxes, the county treasurer may sell real property for taxes. The treasurer provides the purchaser a tax certificate that represents a transfer [...]

25 Jun, 2019

Bond Claims on Public Projects–Getting it Right

2019-06-22T08:48:19-06:00June 25th, 2019|Bond Claims, Construction Contractor Advisor|

Ever get that sinking feeling on a public project that you might not get paid?  The good news is that in Nebraska, general contractors working on a project in excess of $15,000, must file a bond on the project.  This blog will address how to make a proper claim on the bond. The process for making a bond claim is found in section 52-118.01 Neb.Rev.Stat.  The process and time frame [...]

20 Jun, 2019

Make Sure to Pass on Subcontractor Claims

2019-06-19T09:18:13-06:00June 20th, 2019|Construction Contractor Advisor, Construction Damages, Liquidating Agreement|

When a contractor receives a delay claim from a subcontractor, it’s important to pass on the claim to the owner or the contractor could be liable for the subcontractor’s entire claim.  A recent decision out of New York underscores the importance of passing subcontractor claims to the owner. In the case Rad and D’Aprile, Inc.v Ariel Construction Corp., the subcontractor, Rad, made a claim for delay damages to the general [...]

13 Jun, 2019

New Cannabis Laws Make Employer’s Obligations Hazy

2019-06-12T07:11:13-06:00June 13th, 2019|Construction Contractor Advisor, Drug Free Workplace, Employment Policies|

Cannabis laws are popping up around the country and are impacting the way employers select employees.  Take Illinois for example—it is now legal to possess and consume cannabis in Illinois, but employers can still maintain their zero tolerance policies, with certain significant limitations. Zero Tolerance Employers may still prohibit employees from using cannabis while they are working, but employers can no longer decline to hire, discharge, or take other adverse [...]

11 Jun, 2019

Construction Payments Held in Trust—Another Tool to Pursue Payment

2019-06-10T11:05:33-06:00June 11th, 2019|Construction Contractor Advisor, Construction Contracts, Trust Fund|

Construction contracts often require contractors to receive and hold payments in trust for the benefit of paying labor and materials furnished on a project.  The purpose of the trust is to protect downstream contractors and suppliers from the risk of nonpayment of their claims against a financially distressed contractor. Trust Contract Provision A typical trust provision provides: All sums received by Contractor under this Contract are received by Contractor in [...]

7 Jun, 2019

Refresher On Nebraska Ag Lien Law Pt. 4: The Vet’s Lien

2019-06-18T13:51:25-06:00June 7th, 2019|Lien Rights, Midwest Agricultural Law|

A lien for a licensed veterinarian against any livestock cared for or treated. It's hard to argue that anybody who routinely utilizes shoulder length latex gloves should not have priority to payment for their services.  So indisputable is the vet's right to payment that the lien procedure is probably the most straightforward and simple ag lien to follow. A vet lien is created by filing a UCC financing statement within [...]

6 Jun, 2019

Bargaining for an Arbitrator’s Decision–Know what you are getting

2019-06-04T13:48:37-06:00June 6th, 2019|Arbitration, Construction Contractor Advisor, Limitation of Liability|

Construction contracts have often included arbitration clauses and they can serve a good purpose of expediting resolution. But, what happens if the arbitrator gets it wrong? Your options are limited, and as one court stated: the parties bargained for an arbitrator’s decision; if the arbitrator got it wrong, then that was part of the bargain A recent case out of the Eight Circuit Court of Appeals (covering Arkansas, Iowa, Minnesota, [...]

4 Jun, 2019

Additional Insured and Indemnification—Why have both?

2019-06-01T08:17:10-06:00June 4th, 2019|Additional insured coverage, Construction Contractor Advisor, Indemnity clauses|

Construction contracts typically require a subordinate contractor, either the general contractor subordinate to the owner or subcontractor subordinate to the general contractor, to list the upstream party as an additional insured and require the subordinate party to indemnify the upstream party for any claims or damages on the project.  The goal of these two provisions is to shift the risk of liability for injuries sustained by a subordinate party's employees [...]

30 May, 2019

Your Contract is a Hodgepodge of Conflicting Proposals

2019-05-26T19:32:25-06:00May 30th, 2019|Construction Contractor Advisor, Construction Contracts|

Ouch.  That’s what a New York judge called a contract to remediate petroleum contamination at 47 gas stations.  Sometimes, it’s hard to believe the contracts that get signed. In this case, Environmental Risk hired subcontractor Science Applications to remediate petroleum contamination at 47 gas stations.  Environmental Risk first required its subcontractor to sign a Professional Services Master Agreement.  Environmental Risk then required its subcontractor to sign three separate, but basically identical, [...]

29 May, 2019

You Can’t Say That on TM

2019-05-29T14:28:06-06:00May 29th, 2019|Intellectual Property, Nebraska Litigation & Trial Advisor|

Last month, the United States Supreme Court heard oral argument in Iancu v. Brunetti, 18-302, a fascinating case examining the intersection of the First Amendment and federal trademark law. At issue is whether Section 2(a) of the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” trademarks is facially unconstitutional under the First Amendment. To understand the implications for Iancu, a little background is necessary. First, trademarks. Trademarks [...]

28 May, 2019

Lamson Dugan & Murray Acquires Sattler & Bogen

2019-09-05T10:06:40-06:00May 28th, 2019|Latest News|

We are very excited to announce that Lamson Dugan & Murray has acquired the Sattler & Bogen law firm in Lincoln. Partner Nichole Bogen,  Attorney Tyler Spahn, and Legal Assistant Leticia Atkinson have joined LDM. This office will remain in Lincoln, Nebraska under the Lamson Dugan & Murray name and located at 701 P Street, Suite 301, The Creamery Building in Lincoln. Please join us in welcoming our newest location [...]

28 May, 2019

Dinosaur Bones Discovered on Work Site—What?

2019-05-23T08:15:31-06:00May 28th, 2019|Construction Contractor Advisor, Construction Contracts, Delay Damages|

What if you came across dinosaur bones on the work site like they did on a project in Denver, Colorado?  Would you get extra time to complete the work?  What does the construction contract allow? Let’s play out that scenario. You reach out to your local construction lawyer and inform him that your project has been delayed because you came across dinosaur bones.  After he stops giggling about the situation, [...]

23 May, 2019

Construction Litigation—Battles on Many Fronts

2019-05-21T08:19:55-06:00May 23rd, 2019|Construction Contractor Advisor, Construction Litigation, Insurance coverage|

When you are involved in construction litigation, you have battles on several fronts, including those against subcontractors, owners, insurers and the court.  Shoring up your defenses on each of these fronts is imperative, or you may lose the battle or, worse yet, the war. An opinion out of the Eleventh Circuit Court of Appeals (overseeing federal courts in Alabama, Florida and Georgia) Carithers v. Mid-Continent Casualty Company, illustrates the various [...]