Craig Martin

About Craig Martin

Mr. Martin represents contractors, subcontractors, developers, owners, materials suppliers and design professionals with their day to day legal needs and in construction disputes. He is well versed in construction contracts, including AIA, DBIA and ConsensusDocs. His goal is to provide cost-effective counsel to the construction industry.

Latest News

16 May, 2019

Never Underestimate the Importance of Contract Language

2019-05-11T09:00:03-05:00May 16th, 2019|Construction Contractor Advisor, Construction Contracts|

A recent article in ENR described the setbacks associated with a public rail project.  There are problems with the schedule, concrete quality, including precast girders , panels and rail ties, and allegations of fraud.  In a nutshell--a mess.  But, I wonder if there are contract provisions that address these problems.  Below are some problems on the project and my thoughts on contract provisions. Schedule. The article mentions that the general [...]

14 May, 2019

Getting Paid is Important and the Prompt Pay Act Can Help

2019-05-11T08:12:15-05:00May 14th, 2019|Construction Contractor Advisor, Prompt Pay Act|

As this year’s construction projects are in full swing, it’s a good time to review your rights to payment.  Since 2014, the Prompt Pay Act has been a tremendous resource for contractors to recover retainage and interest from upstream contractors and owners for failing to timely pay on a project.  Here are a few highlights from the Prompt Pay Act. Limit on Retainage. Retainage may not exceed 10%. And, when [...]

9 May, 2019

So, You’ve Been Sued, Now What?  Tender–Quickly.

2019-05-06T10:21:04-05:00May 9th, 2019|Construction Contractor Advisor, Insurance coverage|

If you or your construction company have ever been sued, you know it can be a stressful time.  You have deadlines, you have subcontractors clamoring to get paid or defended, and it’s a generally awful situation.  But, keep your mind on the prize--to make sure you have insurance coverage that will provide a defense to these claims.  The most important step to ensure you have coverage is to tender your [...]

7 May, 2019

Construction Material Costs are Rising–Are You Protected?

2019-05-06T10:19:26-05:00May 7th, 2019|Construction Contractor Advisor, Construction Contracts, Escalation Clause|

Construction material costs are rising, at least that’s what AGC, ABC, ACEC, ENR and the government are saying.  So, let’s assume that its true—construction material costs are rising.  What can you, as a general contractor or subcontractor do about it? Not surprisingly, it all comes down to your contract and whether you included a cost escalation clause. What is a Cost Escalation Clause? These clauses are pretty self-explanatory in [...]

2 May, 2019

The Importance of Confidentiality and Non-Solicitation Agreements

2019-04-29T08:27:24-05:00May 2nd, 2019|Confidentiality, Construction Contractor Advisor, Noncompete|

While this is not typically a topic of discussion on this construction blog, two recent construction related lawsuits filed in Nebraska highlight the importance of making sure your key employees do not walk away with your projects and employees. We all know the situation.  A long-term, faithful employee gets the itch to head out on his own or take another job for a few more dollars.  Maybe you wish the [...]

30 Apr, 2019

What do you mean you LOST it?

2019-04-26T09:16:54-05:00April 30th, 2019|Breach of Contract, Construction Contractor Advisor, Construction Litigation|

Back in 2014, I posted a blog about the problems contractors were having digging the tunnel for Route 99 in Seattle.  Bertha, the boring machine, hit a pipe and some rocks and got stuck, causing two years of delay. Well, that problematic situation, now a $624 million lawsuit, has wound its way through the courts and the Seattle Tunnel Partners (“STP”) is blaming the slow down on the pipe they [...]

25 Apr, 2019

The Benefit of Early Resolution Through Mediation

2019-04-22T08:21:32-05:00April 25th, 2019|Construction Contractor Advisor, Mediation|

Let’s face it, some projects just don’t go well and everyone knows there will be a fight over payment at some point.  If there were only some way to avoid costly litigation or arbitration.  Or is there?  You could include a mandatory mediation provision in your contract to require the parties try to resolve the matter before litigation or arbitration is initiated. What is Mediation? Mediation is not simply requiring [...]

23 Apr, 2019

The Risk of Conflicting Contract Provisions

2019-04-20T08:11:50-05:00April 23rd, 2019|Construction Contractor Advisor, Construction Contracts|

On large construction projects, with several layers of contractors, there is the risk of conflicting contract provisions.  For example, the owner’s architect may use an AIA contract, the general contractor may use its own contract with the subcontractors, and some subcontractors may use their own contract with subsubcontractors.  With so many contracts, there are almost certainly conflicting provisions, be it relating to indemnity, insurance and waivers of damages.  It is [...]

16 Apr, 2019

OSHA’s Defense of Unpreventable Misconduct

2019-04-15T08:04:13-05:00April 16th, 2019|Construction Contractor Advisor, OSHA, Penalty|

Employees do the darnedest things.  But, you’d hope they wouldn’t do them in front of an OSHA inspector.  Isn’t there some way you can defend your company against an OSHA citation and penalty when there is truly no defense to the employee’s misconduct?  Well, there is—the “unpreventable employee misconduct defense” may be of help, but only if you meet the four elements necessary for the defense.  As you will read, [...]

16 Apr, 2019

Liquidating Agreements—Preserving Subcontractor Claims against Owners

2019-04-11T14:28:06-05:00April 16th, 2019|Construction Contractor Advisor, Subcontractor|

What is a subcontractor to do when the owner has demanded additional work, but has refused to pay for it?  Typically, a subcontractor cannot sue the owner because the subcontractor doesn’t have a contract with the owner.  Perhaps the subcontractor and general contractor should enter into a liquidating agreement through which the general contractor can pursue the claim on the subcontractor’s behalf. Liquidating agreements bridge the privity gap between owners [...]

11 Apr, 2019

General Contractors Can Be Liable for Subcontractors’ OSHA Violations

2019-04-11T14:28:39-05:00April 11th, 2019|Construction Contractor Advisor, OSHA|

OSHA has long held the opinion that general contractors may be held liable for subcontractor’s OSHA violations and the Eighth Circuit Court of Appeals, overseeing the Midwest, has agreed since 2009. To combat this risk, general contractors would be well served to incorporate targeted indemnity provisions into their subcontracts that require subcontractors to pay for all claims and costs associated with subcontractor caused OSHA violations. OSHA’s Multi-Employer Policy OSHA’s Multi-Employer [...]

9 Apr, 2019

Are Defense Costs In Addition to Policy Limits?

2019-03-30T10:42:15-05:00April 9th, 2019|Construction Contractor Advisor, Insurance coverage|

I recently had a discussion with an insurer about whether defense costs were included within the policy limits of a client’s coverage or in addition to policy limits.  This was an important discussion because if costs of defense were included in the policy limits, my client was going to exceed those policy limits in a hurry.  How would this situation play out with your insurance? Fortunately, the majority of insurance [...]

4 Apr, 2019

Be Careful When Thinking about Terminating for Default

2019-03-30T10:37:21-05:00April 4th, 2019|Construction Contractor Advisor, Termination|

During a construction project, subcontractors may be performing poorly and a general contractor may want to terminate a subcontractor for default.  A recent case out of the Eight Circuit Court of Appeals (overseeing the Midwest) rejected a general contractor’s right to terminate for default because the general contractor, not the subcontractor, was the first one to breach the contract. The case, Randy Kinder Excavating, Inc. v. JA Manning Construction Company, [...]

2 Apr, 2019

Construction Contract Review—Sole Discretion

2019-03-28T14:06:04-05:00April 2nd, 2019|Construction Contractor Advisor, Construction Contracts|

General contractors and owners often time include language in construction contracts that provides them with sole discretion to make decisions.  These provisions can severely limit a subcontractor’s ability to negotiate changes or increased pay applications. What do these phrases look like? The “sole discretion” language can take a number of forms, including: Contractor reserves the right, in its sole discretion to . . . As solely determined by Contractor ____ [...]

28 Mar, 2019

Withdrawal Liability—A Big Problem for Unionized Employers

2019-03-27T13:57:48-05:00March 28th, 2019|Collective Bargaining Agreement, Construction Contractor Advisor, Withdrawal Liability|

Employers that are subject to a collective bargaining unit often are required to make contributions to a defined benefit pension plan sponsored by a union.  If the employer and the union part ways, the employer may be subject to withdrawal liability--even if the company has made all of its pension contributions.  And, this liability can cripple a company. This is a BIG Problem The underfunded status of multiemployer pension plans [...]

26 Mar, 2019

Location, location, location—even in construction liens

2019-03-26T08:42:16-05:00March 26th, 2019|Construction Contractor Advisor, Construction Lien|

We all know the importance of filing a construction lien within 120 days of your last work (90 days in Iowa).  But, equally, if not more important, is filing the construction lien on the correct property. Often times on a construction project, the exact address of the project may not be known.  And, if there are a few buildings going up on the same general site, it is difficult to [...]

21 Mar, 2019

Beware of Waiving Your Lien Rights

2019-03-19T13:32:11-05:00March 21st, 2019|Construction Contractor Advisor, Construction Lien|

You know the situation—the lender or general contractor is waiving a check in front of you, but they won’t give it to you until you sign a waiver.  Before you sign it, make sure you know exactly which rights you are waiving. Nebraska statutes specially allow a contractor to waive lien rights.  Section 52-144 allows a contractor to waive lien rights even before the work has been preformed or materials [...]

19 Mar, 2019

Construction Liens—What Do You Have to Include in the Lien?

2019-03-21T14:01:04-05:00March 19th, 2019|Construction Contractor Advisor, Construction Lien|

The information that you must include in a Nebraska construction lien is pretty straightforward.  A construction lien must include the following: The real estate subject to the lien; The name of the person against whose interest in the real estate a lien is claimed; The name and address of the claimant; The name and address of the person with whom the claimant contracted; A general description of the services performed [...]

14 Mar, 2019

Getting Paid for Your Work

2019-03-14T07:38:09-05:00March 14th, 2019|Construction Contractor Advisor, Construction Contracts, Pay-if-Paid|

I’ve reviewed three construction contracts this week and all three of them contained a pay-if-paid clause.  Are you signing contracts with pay-if-paid clauses? Here are some suggestions to minimize your risk with pay-if-paid clauses. What is a pay-if-paid clause? Pay-if paid clauses eliminate the general contractor’s obligation to pay subcontractors if the general contractor does not get paid.   Courts reviewing these clauses have found that a subcontractor that signs a [...]

12 Mar, 2019

Construction Liens—When and Where to File

2019-03-18T13:42:42-05:00March 12th, 2019|Construction Contractor Advisor, Construction Lien|

This is the first in a 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 when you must file your lien and where the lien should be filed. The Nebraska Construction Lien Act is contained [...]

7 Mar, 2019

Back in the Saddle Again

2019-03-08T10:45:37-05:00March 7th, 2019|Construction Contractor Advisor|

After a three year experiment as Vice President and General Counsel at a long time client, I’m back to practicing law at Lamson Dugan & Murray. It was an amazing three years and I learned first hand how hard it is to deal with the day to day operations of a company, let alone the legal details. For the past three years, I was a jack of all trades, and, [...]

5 Jan, 2016

Your Contract is a Hodgepodge of Conflicting Proposals

2018-04-23T23:55:09-05:00January 5th, 2016|Construction Contractor Advisor, Construction Contracts|

Ouch.  That’s what a court called a contract to remediate petroleum contamination at a number of gas stations in New York.  Sometimes, it’s hard to believe the contracts that get signed. Environmental Risk hired Science Applications to remediate petroleum contamination at 47 gas stations.  Environmental Risk had previously entered into a Professional Services Master Agreement with Science Applications, but also required Science Applications to sign three separate, but basically identical, subcontracts called [...]

16 Dec, 2015

The Ghosts of Projects Past

2018-04-23T23:55:09-05:00December 16th, 2015|Construction Claims, Construction Contractor Advisor|

Sean Minahan, one of my partners, and I were discussing a construction dispute the other day and we commented again and again about the significant organization required to get a construction project to completion. From the contracts, to the schedule, to the funding—everything has to be in lock step or there will be problems that could bring the project to a halt, or worse yet litigation. The same is true [...]

7 Dec, 2015

Changing Course Midstream Did Not Work in River Dredging Project

2018-04-23T23:55:09-05:00December 7th, 2015|Construction Contractor Advisor, Construction Contracts, Government Contracting|

  A contractor learned a $12M lesson when it tried to change course on a Corps of Engineer river dredging project.  The case also illustrates the importance of documenting problems on a project and providing notice of those problems to the owner. In Weston/Bean Joint Venture v U.S., Weston/Bean was awarded a Corps of Engineers project to provide maintenance dredging on the Miami River to a depth of 15 feet.  [...]

1 Dec, 2015

Are Defense Costs In Addition to Policy Limits?

2018-04-23T23:55:09-05:00December 1st, 2015|Construction Contractor Advisor, Insurance coverage|

I recently had a discussion with an insurer about whether defense costs were included within the policy limits of a client’s coverage or in addition to policy limits.  This was an important discussion because if costs of defense were included in the policy limits, my client was going to exceed those policy limits in a hurry.  How would this situation play out with your insurance? Fortunately, the majority of insurance [...]

21 Nov, 2015

Happy Thanksgiving

2018-04-23T23:55:09-05:00November 21st, 2015|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 in your construction projects. Finally, we will be smoking, [...]

16 Nov, 2015

The Secret to an OSHA Inspection

2018-04-23T23:55:09-05:00November 16th, 2015|Construction Contractor Advisor, OSHA|

Wouldn’t it be nice to know ahead of time what an OSHA inspector will be looking for when he comes to your work site?  Well, I know the secret.  And, it’s not really a secret.  Just look at OSHA’s top ten citation standards and it becomes quite clear. In 2015, OSHA’s top ten most frequently cited violations are: Fall protection (C) Hazard communication Scaffolding (C) Respiratory protection Lockout/tagout Powered industrial trucks Ladders [...]

9 Nov, 2015

Arbitration Clauses—Where will you be arbitrating?

2018-04-23T23:55:09-05:00November 9th, 2015|Arbitration, Construction Contractor Advisor|

  I had the pleasure of speaking at the National Association of the Remodeling Industry (NARI) Education Day earlier this month. During my presentation, “The Myth of the One Year Warranty”, we discussed the impact of arbitration clauses in construction contracts and who should act as arbitrator. While the American Arbitration Association is certainly a popular forum, there are others.  For example, the New York Times recently wrote about a hardwood [...]

2 Nov, 2015

Know Your Obligations Under Both the Prime Contract and Subcontract

2018-04-23T23:55:09-05:00November 2nd, 2015|Construction Contractor Advisor, Construction Contracts|

A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner.  In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the limitation of liability clause in the prime contract trumped the provisions of the subcontract.  The court disagreed and ruled that the specific provision in the subcontract controlled. In the case, [...]

24 Oct, 2015

Location, location, location—even in construction liens

2018-04-23T23:55:09-05:00October 24th, 2015|Construction Contractor Advisor, Construction Lien|

We all know the importance of filing a construction lien within 120 days of your last work. Nebraska Construction Lien Act,  § 52-137.     But, equally, if not more important is filing the construction lien on the correct property. Often times on a construction project, the exact address of the project may not be known.  And, if there are a few buildings going up on the same general site, [...]

19 Oct, 2015

Be Careful When Requiring Fitness for Duty Examinations

2018-04-23T23:55:09-05:00October 19th, 2015|Construction Contractor Advisor, Employee Safety|

  Fitness for Duty examinations can be an important part of an employer’s hiring and retention protocol.  The Nebraska Supreme Court recently clarified when an employer may require applicants and employees to undergo fitness for duty examinations.  In Arens v. Nebco, Inc.,  the court ruled that an employer must have a legitimate, nondiscriminatory reason for its demand that a current employee submit to a fitness for duty examination. In this case, [...]

12 Oct, 2015

Following My Own Advice

2018-04-23T23:55:09-05:00October 12th, 2015|Construction Contractor Advisor, E-Verify|

  I often advise clients on the use of E-Verify and the importance of getting policies and procedures in place to ensure compliance.  This is particularly true for clients that do federal and state work.  Now it’s my turn to follow my own advice. I was recently appointed to represent the Nebraska Board of Engineers and Architects.  As such, I am a contractor for the State of Nebraska.  That means I [...]

4 Oct, 2015

The Importance of Providing Notice to a Surety

2018-04-23T23:55:10-05:00October 4th, 2015|Bond Claims, Construction Contractor Advisor|

A recent case out of Missouri emphasizes the importance of providing notice to a surety when a bonded subcontractor is in default.  When the question of whether a surety will be obligated under the bond is in the balance, notice is crucial. In CMS v. Safeco Insurance Company, Safeco provided a performance bond to a subcontractor for the benefit of CMS.  The bond specifically provided: PRINCIPAL DEFAULT. Whenever the Principal [Subcontractor] shall be, [...]

29 Sep, 2015

What To Do When the Government is Slow to Decide a Claim?

2018-04-23T23:55:10-05:00September 29th, 2015|Construction Contractor Advisor, Government Contracting|

You may know this situation all too well.  You’ve submitted your certified claim to the contracting officer and there it sits.  You ask for a decision and they say soon, but it’s not soon.  And pretty soon, several months have gone by.  Since the Court of Federal Claims’ decision in Rudolph and Sletten, Inc. v. U.S., the government may have to decide in 60 days or your claim will be [...]

21 Sep, 2015

Workplace Safety–the Unpreventable Employee Misconduct Defense

2018-04-23T23:55:10-05:00September 21st, 2015|Construction Contractor Advisor, OSHA|

I just attended an Associated Builders and Contractors meeting during which Lueder Construction discussed a fatality on one of its worksite.  OSHA fully investigated the incident and did not issue a single citation.  This is a testament to the safety plan and training Lueder had in place well before this incident.  One defense to an OSHA citation is unpreventable employee misconduct.  However, proving this defense requires substantial planning, well before an [...]

13 Sep, 2015

Suing the Lowest Bidder on Public Construction Projects

2018-04-23T23:55:10-05:00September 13th, 2015|Construction Contractor Advisor, Public Contracts|

The California Court of Appeals has allowed the second lowest bidders on public construction projects to sue the lowest bidder where it appears that the lowest bidder was only the lowest because it paid its employees less than the established prevailing wage.  This is a novel theory for recovery, but may provide for an opportunity to challenge improperly low bids. Background Between 2009 and 2012, American Asphalt outbid two asphalt companies [...]

7 Sep, 2015

NLRB Broadens the Joint Employer Standard

2018-04-23T23:55:10-05:00September 7th, 2015|Construction Contractor Advisor, Unioin Campaign|

Perhaps in anticipation of Labor Day, the National Labor Relations Board issued its ruling in Browning-Ferris Indus. of Cal. d/b/a BFI Newby Island Recyclery, establishing an easier standard for unions to prove that a joint employer relationship exists.  This will make it easier for unions to make the upstream company, like a parent company, liable for unfair labor practices, even if the upstream company had no direct involvement. Some Background [...]

30 Aug, 2015

Liquidating Agreements—Bridging the Privity Gap for Subcontractors

2018-04-23T23:55:10-05:00August 30th, 2015|Construction Contractor Advisor, Construction Contracts|

What is a subcontractor to do when the owner has demanded additional work, but has refused to pay for it?  Typically, a subcontractor cannot sue the owner because the subcontractor doesn’t have a contract with the owner.  Perhaps the subcontractor and general contractor should enter into a liquidating agreement through which the general contractor can pursue the claim on behalf of the subcontractor. Liquidating agreements bridge the privity gap between [...]

24 Aug, 2015

Flow-Down Clauses Can Drown Your Project

2018-04-23T23:55:10-05:00August 24th, 2015|Construction Contractor Advisor, Construction Contracts|

Flow-Down or pass-through clauses obligate downstream contractors to certain provisions contained in the up up-stream contractor contracts, such as the contract between the general contractor and the owner.  These clauses are contained in every major form subcontract and they can expand the scope of your potential liability.  This blog will look at typical language of a flow-down clause, what it means and how you can deal with them.     [...]

17 Aug, 2015

The New “White Collar” Exemption Regulations

2018-04-23T23:55:10-05:00August 17th, 2015|Construction Contractor Advisor, FLSA|

This summer the Department of Labor's Wage and Hour Division issued proposed changes to the white-collar overtime regulations under the Fair Labor Standards Act (FLSA).  The white collar exemptions include the executive, administrative, professional, outside sales and computer employee exemptions.  The focus of the proposed regulations is to increase the salary level required to qualify for the exemption from $23,660 per year to $50,440 per year.  The DOL predicts this [...]

10 Aug, 2015

OSHA Issues New Rules on Injury Record Keeping

2018-04-23T23:55:10-05:00August 10th, 2015|Construction Contractor Advisor, OSHA|

On July 28, 2015, OSHA issued proposed rules seeking to clarify an employer’s ongoing obligation to make and maintain accurate records of work-related injuries and illness.  The new rules were drafted in response to the U.S. Court of Appeals decision in AKM LLC, d/b/a Volks Constructors v. Secretary of Labor, in which a contractor successfully argued that OSHA’s citation was issued well beyond the six month limitation period. OSHA’s Injury [...]

3 Aug, 2015

Subcontractors Have a Duty to Clarify Ambiguities in Bid Documents

2018-04-23T23:55:10-05:00August 3rd, 2015|Construction Contractor Advisor, Construction Contracts|

Several months ago, I wrote about an escalator subcontractor that sued a general contractor, demanding payment for work completed based on approved shop drawings.  The trial court agreed with the subcontractor, but the general contractor appealed.  Ten months later, the Court of Appeals reversed, finding that the subcontractor had a duty to bring to the general contractor’s attention major discrepancies or errors they detect in the bid documents. The subcontractor [...]

27 Jul, 2015

Insurance Policy Language Really Does Matter

2018-04-23T23:55:10-05:00July 27th, 2015|Construction Contractor Advisor, Insurance coverage|

The debate continues on whether a subcontractor’s faulty work constitutes property damage and an occurrence such that the insurer must cover the claim.  The most recent court to weigh in on this issue is the New Jersey appellate court (one step down from the New Jersey Supreme Court) in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC. In this case, the condominium association sued the general contractor, who also [...]

22 Jul, 2015

OSHA Delays Enforcement of Confined Spaces Rules

2018-04-23T23:55:10-05:00July 22nd, 2015|Construction Contractor Advisor, OSHA|

In a recent Trade Release OSHA announced 60-day delay in enforcing the new Confined Spaces in Construction standard.  Here is my earlier blog on the new standard.  Full enforcement will not begin until October 2, 2015. During this 60-day temporary enforcement period, OSHA will not issue citations to employers who make good faith efforts to comply with the new standard. Employers must be in compliance with either the training requirements of [...]

18 Jul, 2015

The DOL Claims Most Independent Contractors Are Employees

2018-04-23T23:55:10-05:00July 18th, 2015|Construction Contractor Advisor, Independent Contractor|

On July 15, 2015, the Department of Labor issued an Administrator’s Interpretation asserting that most independent contractors are actually employees under the Fair Labor Standards Act.  The DOL claims that the FLSA’s broad definition of employment and “suffer to work” standard under the FLSA requires that most workers be treated as employees.  The certainly appears to be the DOL’s warning shot over the bow and companies using independent contractors should [...]

7 Jul, 2015

Hire the Right Professional for the Job

2018-04-23T23:55:10-05:00July 7th, 2015|Construction Contractor Advisor, Construction Law|

The Deck--not quite done I had the pleasure of spending the 4th of July weekend working on a friend’s deck. Fortunately for her, and for my son and me, it was not a big project.  It just involved replacing the decking, steps and railings.  An old adage was reinforced for me this weekend--it’s better to have someone that knows what he’s doing handle some projects, than someone who dabbles [...]

6 Jul, 2015

Thank Your Founding Fathers for Mechanic’s Liens

2018-04-23T23:55:10-05:00July 6th, 2015|Construction Contractor Advisor, Lien Rights|

Yep, our founding fathers, Thomas Jefferson and James Madison specifically, were responsible for proposing the first mechanic’s lien laws in the United States.  Mechanic’s liens were not a new concept when the first law was passed in the United States; France, Spain and other countries already had them.  But, in England, where landownership was limited to the upper classes, the concept of giving a tradesman an interest in the land for [...]

29 Jun, 2015

Construction Contract Language and Insurance Coverage Must Be Consistent

2018-04-23T23:55:10-05:00June 29th, 2015|Construction Contractor Advisor, Insurance coverage|

How often do you review both the additional insured language in the contract and the insurance policy provided by a subcontractor?  My guess is, unless the project has gone off the rails, NEVER.  Well, perhaps you should to make absolutely sure the extent of the subcontractor’s insurance obligations and whether those obligations are being fulfilled. This point was recently addressed in a recent DRI article analyzing the Deepwater Horizon/BP lawsuit.  [...]

22 Jun, 2015

Record Keeping—the Devil’s in the Details

2018-04-23T23:55:10-05:00June 22nd, 2015|Construction Contractor Advisor, Construction Litigation|

Another court has found that poor record keeping will prevent recovery on a claim.  The court in Weatherproofing Tech., Inc. v. Alacran Contracting, LLC found that a contractor’s documents were a mess and that no reasonable jury could base a verdict on the contractor’s records. The underlying project involved the construction of an army training facility.  The total project cost approximated $13 million.  Alacran, the general contractor, subcontracted about $3 [...]

17 Jun, 2015

Are We Headed for a Worker Shortage?

2018-04-23T23:55:10-05:00June 17th, 2015|Construction Contractor Advisor, Construction Economy|

A recent Wall Street Journal article, Worker Shortage Hammers Builders, noted that construction industry employers are facing a tight labor market. U.S. builders shed more than 2 million jobs during and after the housing bust. Now they say they can’t find enough carpenters, electricians, plumbers and other craftsmen for a growing pipeline of work. That is certainly consistent with everything that I’ve heard and read about construction companies in the [...]