Latest News

26 Mar, 2020

Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances

2020-03-27T13:28:50-05:00March 26th, 2020|Best Practices, COVID Estate Planning, COVID-19, Farm Management, Midwest Agricultural Law|

  At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get through this together. We add to that our commitment to continue addressing the legal concerns of existing and new clients as steadfastly as always. In the realm of legal matters, there is an important [...]

26 Mar, 2020

Refresher on Nebraska Ag Liens Pt. 7: Seed and Electricity Lien

2020-04-13T09:39:37-05:00March 26th, 2020|Midwest Agricultural Law|

- A lien for the person who supplies seed or electrical power used in crop production- Although not exactly peanut butter and chocolate, the Nebraska legislature decided to shoehorn lien protections for the seed dealer and electric company into one statute.  It is important to note that the dealer and power district do not have a lien on all crops, but only those "crops produced from the seed furnished or [...]

26 Mar, 2020

LDM COVID-19 Resource Center

2020-03-26T15:46:50-05:00March 26th, 2020|Latest News|

Please take time to check out our newly added COVID-19 Resource Center link on our website.  We have recently set up the Resource Center as an important site to provide information to our clients as to how the pandemic may affect their personal life, business and any current or future legal issues.  Please take a look and let us know if you have any questions that we can assist you [...]

26 Mar, 2020

Hospitals turn to remote monitoring tools to free up beds – STAT

2020-03-27T13:29:50-05:00March 26th, 2020|COVID Health Care, COVID-19|

Desperate to free up beds for only the sickest Covid-19 patients, hospitals nationwide are weighing the use of new technologies to monitor patients from their homes. See the full article here: https://www.statnews.com/2020/03/25/coronavirus-hospitals-weigh-remote-patient-monitoring-tools/ If you have questions about this article, please give Partner Attorney, Denise Destache a call at 402-397-7300.

26 Mar, 2020

Judicial Response to COVID-19

2020-03-27T13:39:55-05:00March 26th, 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 [...]

26 Mar, 2020

Preparing to Provide Paid Sick and FMLA Leave

2020-03-27T13:45:37-05:00March 26th, 2020|COVID Employment, COVID-19|

The Families First Coronavirus Response Act (“FFCRA”) has passed the Senate and signed into law by the President.  It will go into effect on April 1, 2020.  Among the measures included as part of the FFCRA are the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, which are aimed at: expanding paid employee leave in connection with the coronavirus emergency; and providing employers with [...]

26 Mar, 2020

Families First Coronavirus Response Act Notice – Frequently Asked Questions

2020-03-27T16:43:59-05:00March 26th, 2020|COVID Employment, COVID-19|

Here is a link to frequently asked questions about the Families First Coronavirus Response Act Notice https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have questions about how the Families First Coronavirus Response Act will impact your business, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

26 Mar, 2020

Gov. Ricketts Issued an Executive Order to Prevent Evictions of Nebraskans Significantly Impacted by COVID-19

2020-03-27T14:00:38-05:00March 26th, 2020|COVID Legislative, COVID-19|

Gov. Ricketts issued an executive order to prevent evictions of Nebraskans significantly impacted by COVID-19.  The order prevents the eviction of renters unable to pay rent due on or after March 13th because of the COVID-19 pandemic.  The Governor indicated that the relief is intended for those who have become ill, lost income due to job loss or wage reductions, or missed work to care for a loved one (e.g., [...]

25 Mar, 2020

COVID-19 Employers Best Practices

2020-03-27T14:01:51-05:00March 25th, 2020|COVID Employment, COVID-19|

The COVID-19 (coronavirus) has changed all our lives. Employers and employees are rightfully concerned about the COVID-19 virus and how it will affect each one of us. Employers, like you, are concerned with how to address the challenges presented by COVID-19. Meanwhile, employees are concerned with what it will mean for them. We have been carefully monitoring events and are prepared to help you navigate this unchartered territory.  We wanted [...]

25 Mar, 2020

Why Your Coronavirus (COVID-19) Planning Should Include Durable Powers of Attorney for Health Care and Finances

2020-03-27T14:02:42-05:00March 25th, 2020|COVID Estate Planning, COVID-19|

At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get through this together. We add to that our commitment to continue addressing the legal concerns of existing and new clients as steadfastly as always. In the realm of legal matters, there is an important step [...]

25 Mar, 2020

Is it Time to Send your COVID-19 Notice? YES

2020-03-27T14:15:50-05:00March 25th, 2020|Construction Claims, Construction Contractor Advisor, Construction Delays, COVID Construction, COVID-19|

COVID-19 is hampering all aspects of our lives, and the construction industry is no exception.  As you continue to assess your construction projects, don’t forget that you likely have notice obligations to upstream contractors or the owner to let them know of potential delay and cost increase claims. Review Your Contract Your contract probably requires you to provide notice of delays to upstream contractors or the owner.  And, it likely [...]

18 Mar, 2020

Is the Coronavirus Infecting Your Construction Schedule?

2020-03-27T14:16:40-05:00March 18th, 2020|Construction Claims, Construction Contractor Advisor, Construction Contracts, Construction Damages, Construction Delays, COVID Construction, COVID-19, Delay Damages|

We are all feeling the impact of the Corona virus, either because we or someone we know has been exposed or it is causing changes to our schedules.  Have you given any thought about how the schedule on your project will be impacted? This could come in the way of a reduced labor force or scarcity of building materials.  Perhaps it’s time to look at your contract to see how [...]

12 Mar, 2020

Partner Craig Martin – Keynote Speaker

2020-03-12T11:05:25-05:00March 12th, 2020|Latest News|

Craig Martin, a partner at Lamson Dugan & Murray LLP, was the keynote speaker at the Construction Law Seminar hosted by Goldleaf Surety Services on Tuesday, March 10th. Goldleaf Surety Services helps contractors and other businesses obtain the assistance needed to secure bonds. Mr. Martin discussed the following topics: Contract Clauses—What they mean and suggestions to revise the contract Chasing Payment—Following the contract, filing a lien, and litigation This seminar [...]

11 Mar, 2020

A Very Bad Day Indeed

2020-03-04T07:53:57-06:00March 11th, 2020|Construction Contractor Advisor, Construction Damages, Construction Defect, Nebraska Construction Law|

As a construction attorney, I am often tasked with confronting architects and engineers on the decisions they made in planning or monitoring construction projects.  The vast majority of times, the architect or engineer is well versed in the underlying regulations and codes on which he or she based their decisions.  But sometimes, the architect or engineer admits to having no knowledge of the underlying codes and to having no previous [...]

5 Mar, 2020

Do I Have Insurance for That?  CGL Insurance Coverage Questions

2020-03-02T09:09:49-06:00March 5th, 2020|Commercial General Liability (CGL), Construction Contractor Advisor|

We get a lot of calls from contractors asking about whether they have coverage under their Commercial General Liability insurance for a construction defect claim.  The short answer is always--Maybe.  An assessment of the claim requires a review of your policy and, equally important, which state’s law will interpret the claim. The first question, and often times only question, to be answered is whether the damage caused by the construction [...]

3 Mar, 2020

Partner Nichole Bogen – NE Supreme Court Win

2020-03-03T14:36:52-06:00March 3rd, 2020|Latest News|

On an issue of first impression, the Nebraska Supreme Court recently held that the district court lacked general personal jurisdiction over a corporation in Nebraska for an injury occurring in Texas. In Lanham, the plaintiff injured himself when he struck and broke his foot with a sledgehammer while removing clips on a track project near Houston, Texas. At the time, he was a resident of Nebraska working on a Texas [...]

26 Feb, 2020

Can I Borrow Your Backhoe? 

2020-02-22T12:21:51-06:00February 26th, 2020|Construction Contractor Advisor, Construction Insurance, Nebraska Construction Law|

Borrowing equipment is a common occurrence on construction sites.  But, it’s riskier than you might think.  There could be a number of questions about whose insurance is responsible to pay for damages should something go wrong. The Situation A fellow subcontractor has asked to borrow your backhoe for the remainder of the day.  You don’t need it for the work you are doing, so you let him borrow it.  The [...]

25 Feb, 2020

Production Contracts for Livestock, Swine, and Poultry—Required Disclosures

2020-02-26T11:19:31-06:00February 25th, 2020|Breach of Contract, Farm Management, Midwest Agricultural Law|

The U.S.D.A Grain Inspection, Packers, and Stockyard Administration (GIPSA) continues to catch producers being off guard and assessing civil penalties in excess of $1,500—per contract—or other civil actions for marketing and production contracts which do not meet minimum federal requirements.  If your contract does not meet the minimum standards it should be cancelled and replaced with a new compliant contract, which includes the appropriate required disclosures. GIPSA requires generous considerations [...]

19 Feb, 2020

Do You Want to Pay your Subcontractor’s Employee’s Wages? 

2020-02-15T10:35:53-06:00February 19th, 2020|Construction Contractor Advisor, Construction Contracts, Subcontractor|

The simple answer is “Of course not!”.  But are you taking any precautions to make sure that it doesn’t happen to you? How can this happen? We’ve all heard the stories of a subcontractor that failed to pay its laborers prevailing wages on a Davis Bacon project.  Typically, the Department of Labor catches this failure to properly pay employees in an audit of the project. If the subcontractor doesn’t have [...]

18 Feb, 2020

Craig Martin – Presenter at the 2020 NUCA of Nebraska Annual Conference & Projects Preview

2020-02-18T12:19:34-06:00February 18th, 2020|Latest News|

Craig Martin, a partner at Lamson Dugan & Murray LLP, was a presenter at the 2020 NUCA of Nebraska Annual Conference & Projects Preview. The National Utility Contractors Association of Nebraska is the leading trade association and voice for the utility construction and excavation industry in Nebraska. It serves as the driving force for improving conditions in the underground utility construction industry, for both open-cut and trenchless contractors. Mr. Martin presented on [...]

12 Feb, 2020

OFCCP Updates the Construction Contractor Technical Assistance Guide

2020-02-08T13:36:34-06:00February 12th, 2020|Affirmative Action Plan, Construction Contractor Advisor, Office of Federal Contract Compliance Programs (OFCCP)|

The OFCCP recently updated the Construction Contractor Technical Assistance Guide (TAG) to help federal construction contractors better comply with their Affirmative Action obligations and reporting obligations. Below we review some of the key information provided in the TAG. Executive Order 11246 Under Executive Order 11246, contractors must “take affirmative action” through postings, notices and taglines in job postings.  Contractors also have significant record retention obligations and the TAG explains what [...]

7 Feb, 2020

Partner Trent-Vilim – American Inns of Court Panelist Expert

2020-02-07T14:20:47-06:00February 7th, 2020|Latest News|

Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, served as a panelist at the American Inns of Court presentation for the Omaha, Nebraska, chapter on Monday, February 3rd. The presentation, “Write Right,” discussed writing concisely, the importance of proofreading and revisions, legal ethics and writing, and resources for good writing. The event was held at Creighton University. The American Inns of Court provides a unique opportunity for newer [...]

5 Feb, 2020

Surety Hires Terminated Contractor to Finish Project

2020-02-03T09:20:54-06:00February 5th, 2020|Construction Contractor Advisor, Construction Defect, Construction Surety|

Imagine a situation where the property owner finds significant problems with its contractor’s work and decides to fire the contractor.  The property owner promptly informs the surety seeking a replacement contractor to finish the project.  The surety investigates the situation and decides to hire the terminated contractor to finish the project.  Sounds a bit odd, and certainly disappointing to the owner, but this can happen and did happen in a [...]

30 Jan, 2020

Construction Contract Basics—Schedule

2020-01-29T09:32:51-06:00January 30th, 2020|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

Last week’s post on the Las Vegas Raiders’ stadium got me thinking about scheduling language in construction contracts.  Scheduling is a critically important piece of the construction contract puzzle, yet not all contracts contain firm schedules or even start dates.  This may be because the general contractor wants some flexibility as to when the work will start. But, for the subcontractor, an elusive start date can wreak havoc on its [...]

28 Jan, 2020

U.S. Supreme Court Set to Tell Us Specifics of What is Required for Specific Personal Jurisdiction

2020-01-29T14:39:49-06:00January 28th, 2020|Nebraska Litigation & Trial Advisor|

The long arm of personal jurisdiction. As our nation’s economy becomes increasingly interconnected, the concept of personal jurisdiction—which governs when a court can constitutionally bind a defendant with a judgment—has become all the more important. This is especially true in an era of litigation tourism where the venue in which a case has been filed can significantly impact the quality of justice the parties receive. In the past decade, the [...]

23 Jan, 2020

O’Brien and Bogen Attend NARTC Executive Meeting in Washington D.C.

2020-01-23T10:23:19-06:00January 23rd, 2020|Latest News|

Partner Anne Marie O’Brien and Partner Nichole Bogen recently attended and participated in the National Association Railroad Trial Counsel’s (NARTC) winter Executive Committee meeting in Washington D.C. The NARTC is a 65 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 or their affiliated entities, or [...]

22 Jan, 2020

Scheduling on Construction Projects

2020-01-18T12:53:43-06:00January 22nd, 2020|Construction Contractor Advisor, Construction Contracts, Delay Damages|

The schedule on construction projects is often as important as the budget.  So, when I read an article that identifies significant problems with a project, but specifically notes that the general contractor says that the problems will not create any delays, I often wonder if the parties are being realistic.  I also wonder whether the subcontractors will be forced to work extra time to make up the schedule. ENR recently [...]

20 Jan, 2020

Ag Watch

2020-01-21T11:27:41-06:00January 20th, 2020|Midwest Agricultural Law|

According to Bloomberg News, the Federal Reserve Bank of Kansas City recently reported that “farm finances deteriorated across a swash of agricultural states during the summer and early fall . . .” Specifically, farm income fell in the third quarter from a year ago in each of seven rural states covered by the K. C. Fed., while farmers’ dependence on federal assistance programs increased. This situation is due, in part, [...]

15 Jan, 2020

Construction Contract Basics—Scope of Work

2020-01-11T10:37:04-06:00January 15th, 2020|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Scope of Work|

This year, every other blog post will address common construction contract clauses. My hope is that my readers will either find the content a good refresher or provide a new understanding of common construction clauses.  Today, I’ll address the Scope of Work provision. Some contractors and construction attorneys would argue that the Scope of Work provision in the contract is the most important section because it defines what a contractor [...]

14 Jan, 2020

Storey Receives A Unanimous Defense Verdict

2020-01-14T10:25:38-06:00January 14th, 2020|Latest News|

On January 9, 2020, LDM Attorney, Mike Storey, obtained a unanimous defense verdict after a three-day jury trial in the District Court of Douglas County, Nebraska.  At trial, the plaintiffs sought $100,000.00 in damages for injuries, including PTSD and anxiety, as a result of a motor vehicle accident involving plaintiff’s vehicle and two other vehicles.  Mr. Storey convinced the jury that his client was not negligent and that the accident [...]

13 Jan, 2020

Lamson Dugan & Murray Announces Daniel J. Hassing and Sarah M. Dempsey as Partners

2020-01-13T09:53:08-06:00January 13th, 2020|Latest News|

Lamson Dugan & Murray LLP is pleased to announce that attorneys Daniel J. Hassing and Sarah M. Dempsey have become partners of the Firm as of January 1, 2020. Sarah Dempsey is an attorney in the litigation department at Lamson Dugan & Murray LLP in Omaha, Nebraska. Her practice focuses on personal injury defense, professional liability defense, and business litigation. Ms. Dempsey has successfully defended clients in car accident cases, [...]

7 Jan, 2020

Terminated for Convenience—Now What?

2020-01-06T10:47:30-06:00January 7th, 2020|Construction Contractor Advisor, Construction Contracts, Termination|

Congratulations, you have just been awarded a big contract.  You have beaten out your competition and this project will show case your company’s talents and dedication to the industry.  You have mobilized your crew and you are ready to get to work.  Then you get the notice from the owner that the project is canceled, and you are terminated for convenience.  This is far from convenient for you, but what [...]

6 Jan, 2020

Partner Dan Waters & Partner Katie French Among the 106 CAP Program Graduates

2020-01-06T11:49:32-06:00January 6th, 2020|Latest News|

Here's proof:  More than 100 local professionals have earned the exceptional Chartered Advisor in Philanthropy designation. This means 106 people from careers in law, finance, nonprofit development, and others have been trained on the intricacies of philanthropy since 2012.  The Chartered Advisor in Philanthropy program is a graduate-level, rigorous year-long course administered by The American College in Bryn Mawr, Pa., and is led locally by the Omaha Community Foundation and [...]

3 Jan, 2020

Gilbert C Swanson Foundation Announces Change in Leadership

2020-01-03T11:31:25-06:00January 3rd, 2020|Latest News|

The Gilbert C Swanson Foundation has announced a change in leadership with retirement of some of its long-term directors and officers and the addition of new directors. President of the Board Timothy C. Fitzgibbons, MD, Vice President William M. Lamson, Jr., Secretary Jack A. Stark Ph.D., and treasurer Ms. Colleen Warin will retire from the Board after many years of service. Mary Anne Holm will remain on the Board. Recently [...]

31 Dec, 2019

The Vagaries of Litigation

2019-12-30T07:30:19-06:00December 31st, 2019|Construction Contractor Advisor, Construction Litigation, Nebraska Construction Law|

Over the past few years, I’ve posted blogs about the Seattle Viaduct project and the problems Bertha, the tunnel-boring machine, ran into on the project.  Not surprisingly, the parties sued each other.  And, Big Bertha’s problems continued into the courtroom. As some of you may recall, Big Bertha was launched with much fanfare, then ran into a pipe and stopped working. The project was finally completed in February, 2019, three [...]

30 Dec, 2019

Balancing Exclusions and Endorsements in Contract Feeding Insurance

2019-12-30T13:40:43-06:00December 30th, 2019|Midwest Agricultural Law|

When a loss occurs at your feeding operation, it can be a devastating time. Obviously, insurance can help minimize the devastation. However, you must have the right insurance and be able to stay out of the many insurance exclusions. Insurance coverage is costly, and an owner may assume the premium price covers all the perils but there are often exclusions preventing the needed coverage. The very common “care, custody, or [...]

17 Dec, 2019

OSHA Inspections Continue to Rise

2019-12-14T12:28:58-06:00December 17th, 2019|Construction Contractor Advisor, Nebraska Construction Law, OSHA|

Earlier this month, OSHA released its final statistics for 2019 and they show a significant increase in the number of inspections.  But, OSHA also provided a record number of compliance training opportunities for employers. OSHA Inspections This past year, OSHA conducted 33,401 inspections addressing violations related to trenching, falls, chemical exposure, silica and other hazards. This is up nearly 1,400 from the previous year. OSHA Training OSHA also provided a [...]

11 Dec, 2019

Partner Trent-Vilim – NATA Seminar Presenter

2019-12-11T09:29:34-06:00December 11th, 2019|Latest News|

Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, spoke at the NATA seminar on Friday, December 6th, 2019.  Her presentation, “Properly Preserving the Record on Appeal, Appellate Tips and Practices, and What is a Final Order?” discussed many steps in the appeal process. The Nebraska Association of Trial Attorneys (NATA) is dedicated to the improvement of trial practice,  preservation of the jury system, and quality continuing legal education.  [...]

10 Dec, 2019

What is a “Waiver of Subrogation” in Construction Contracts?

2019-12-07T12:15:51-06:00December 10th, 2019|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Subrogation|

Waiver of Subrogation clauses are contained in nearly every form construction contract.  Contractors sign them as a matter of course, but how often do you actually consider what it means to waive subrogation?  In this blog, we’ll discuss what subrogation is and why it’s usually a good idea to waive it. What is Subrogation? Legally speaking, subrogation is a concept that allows an insurance company that has paid a loss [...]

2 Dec, 2019

Nichole Bogen – Vice Chair of the NSBA’s Labor Relations and Employment Law Section

2019-12-02T18:34:35-06:00December 2nd, 2019|Latest News|

At the annual meeting, Nichole Bogen was elected Vice Chair of the Nebraska State Bar Association’s Labor Relations and Employment Law Section. This is her second year of serving on the executive committee. The section is comprised of lawyers who practice or have an interest in labor relations and employment law. The section provides a forum for the discussion and development of substantive and procedural laws relating to the field [...]

27 Nov, 2019

Happy Thanksgiving

2019-11-24T10:57:48-06:00November 27th, 2019|Construction Contractor Advisor|

I hope you and your family are enjoying some well earned time off this Thanksgiving. Today’s post provides me an opportunity to thank everyone who gave me ideas for the blog and I thank you for reading it. I’d also like to thank all of my construction clients from whom this blog is written.  I appreciate the opportunity to assist you with your construction projects.

26 Nov, 2019

Martin – Presenter for MOBA and CSI Nebraska

2019-11-26T15:42:15-06:00November 26th, 2019|Latest News|

Craig Martin, a partner at Lamson Dugan & Murray LLP, presented at Metro Omaha Builders Association in October and the Nebraska Chapter of the Construction Specifications Institute in November. Mr. Martin spoke on the Anatomy of a Construction Lawsuit at the MOBA event and on Construction Contract Clauses at the CSI Nebraska event. Both events were held in Omaha, Nebraska. Mr. Martin focuses his practice on the construction industry, representing [...]

22 Nov, 2019

A Bond is NOT Insurance

2019-11-22T09:23:13-06:00November 22nd, 2019|Bond Claims, Construction Contractor Advisor, Insurance coverage, Nebraska Construction Law|

There are fundamental differences between insurance and surety bonds and knowing the difference will help you avoid making mistakes, should claims arise.  This blog will discuss the differences between insurance and surety bonds. Insurance An insurance policy is a two party contract between an insurer and the insured.  The policy is intended to protect the insured.  The cost of insurance is calculated by the insurer based on how many claims [...]

19 Nov, 2019

Kyle Wallor – Presenter at the 2019 NARTC Fall Meeting

2019-11-19T12:50:16-06:00November 19th, 2019|Latest News|

Kyle Wallor, a Partner at Lamson Dugan & Murray LLP, was one of 13 presenters at the 2019 National Association of Railroad Trial Counsel fall meeting .  NARTC is an organization of railroad trial attorneys across the United States and Canada.  NARTC provides a forum in educating, training, and assisting trial lawyers who represent railroads in litigation.  Mr. Wallor’s presentation, “Wait: What Do You Mean You Got Caught? Surveillance – [...]

15 Nov, 2019

Refresher On Nebraska Ag Liens Pt. 6: The Fertilizer & Chemical Lien

2019-11-19T11:18:25-06:00November 15th, 2019|Best Practices, Farm Management, Getting Paid, Midwest Agricultural Law|

Sounds good.....But I'm still going to have file that lien A lien for those who supply or apply fertilizer or agricultural chemicals for the production of crops. Over the past couple years, we have had to assist several crop input suppliers and appliers who have relied on their customer's promise to pay their bill after harvest, only for the customer to run into a financial problem and not [...]

14 Nov, 2019

What Can You Do to Get Paid on Your Project?

2019-11-13T18:47:44-06:00November 14th, 2019|Construction Contractor Advisor, Construction Contracts, Getting Paid|

Recently, I have had a number of conversations with contractors that are worried about getting paid on a project. Invariably, these contractors want to know what they can do to get what they are owed. Rarely is there an easy button to force these funds out of the owner or upstream contractor’s hands. And, a number of factors will figure into the analysis. A few things I would want to [...]

11 Nov, 2019

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

2019-11-13T06:31:31-06:00November 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.

2019-10-26T12:47:15-05:00October 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 [...]

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