Craig Martin, Author at Lamson Dugan & Murray LLP

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.

29 Jul, 2020

OSHA—More COVID Updates

Craig Martin2020-07-25T09:33:24-05:00July 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?

Craig Martin2020-07-17T13:14:00-05:00July 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

Craig Martin2020-07-11T09:40:10-05:00July 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 [...]

24 Jun, 2020

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

Craig Martin2020-06-20T11:27:32-05:00June 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 [...]

17 Jun, 2020

Shoddy Construction Work – Is it covered by your CGL?

Craig Martin2020-06-13T10:31:54-05:00June 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, [...]

10 Jun, 2020

Liquidated Damages—They Must have a Reasonable Basis

Craig Martin2020-06-06T09:35:00-05:00June 10th, 2020|Construction Contractor Advisor, Liquidated Damages, Nebraska Construction Law|

A recent case out of Pennsylvania refused to allow an owner to assess liquidated damages for project delay. This case serves as a reminder that if you are including liquidated damages in your construction contract, there must be some reasonable basis for the amount of liquidated damages. In this case, D.A. Nolt v. The Phila. Mun. Auth., the City of Philadelphia sought to enforce a $10,000 per day liquidated damages [...]

3 Jun, 2020

Indemnity Obligations in the Age of COVID-19

Craig Martin2020-05-30T10:12:42-05:00June 3rd, 2020|Construction Contractor Advisor, COVID-19, Indemnity clauses, Nebraska Construction Law|

COVID-19 has created chaos in the construction world. One of the biggest problems is staffing projects to meet deadlines on the project. But, what if your company is hit with a COVID-19 outbreak and you cannot staff the job? Have you already agreed to indemnify the upstream contractor or owner for any damages stemming from a COVID-19 outbreak? We recommend reviewing your indemnity obligations to determine your risk and the [...]

27 May, 2020

Best Practices in Dealing with COVID-19

Craig Martin2020-05-25T08:53:38-05:00May 27th, 2020|Best Practices, Construction Contractor Advisor, COVID Construction, Nebraska Construction Law|

We have all been dealing with the impact of COVID-19, but the situation becomes more personal when one of our own employees reports that he or she is suffering from COVID-19 symptoms. And, with all the guidance out there, it may be difficult to figure out exactly what to do. We sifted through the various CDC guidance and other governmental regulations on this and compiled these best practices on responding [...]

20 May, 2020

Sending Employees Home to Avoid Catching COVID-19? Remember Your ADA Obligations.

Craig Martin2020-05-20T16:36:38-05:00May 20th, 2020|ADA, Americans with Disabilities Act, Construction Contractor Advisor, COVID Construction, COVID Employment, COVID-19|

Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time. The EEOC has reminded employers of their obligations, even during the COVID-19 pandemic, to comply with federal anti-discrimination laws including the Americans With Disabilities Act. Recently, the EEOC provided guidance that appeared to allow employers [...]

12 May, 2020

New I-9 Forms—Are you using them? You should be.

Craig Martin2020-05-09T08:17:46-05:00May 12th, 2020|Construction Contractor Advisor, Form I-9, I-9 Audit|

With everything else going on this Spring, employers may have forgotten that they need to start using the new Form I-9. You can find a copy of the new Form I-9 here. This new form, which was published in January, 2020, went into effect on May 1, 2020 and employers should not use the older versions from this point on. Below are some answers to questions we’ve been receiving about [...]

6 May, 2020

OSHA Relaxes Compliance Obligations

Craig Martin2020-05-02T08:53:31-05:00May 6th, 2020|Construction Contractor Advisor, OSHA|

Recognizing the difficulties employers are facing during the ongoing pandemic, the Occupational Safety and Health Administration (“OSHA”) released an enforcement memo, entitled “Discretion in Enforcement when Considering an Employer’s Good Faith Efforts during the Coronavirus Disease 2019 (COVID-19) Pandemic.” This guidance relaxes enforcement for failures to provide annual training or conduct other routine audits due to COVID-19. In the memo, OSHA stated that during an inspection, Compliance Officers should evaluate [...]

29 Apr, 2020

You’ve Received COVID-19 Notice of Delay—Now What?

Craig Martin2020-04-25T09:20:09-05:00April 29th, 2020|Construction Contractor Advisor, Construction Delays, Nebraska Construction|

The coronavirus is interrupting life as we know it, including construction projects. Throughout the country, contractors are issuing notices of schedule delays and how you respond to such a notice will be crucial to protecting your rights under your contract. Here are some topics to consider when reviewing a notice of delay. Review the Entire Notice This may seem obvious, but dig into the notice to fully understand the basis [...]

22 Apr, 2020

Construction—The Top Industry Receiving PPP Loans

Craig Martin2020-04-18T08:17:40-05:00April 22nd, 2020|Construction Contractor Advisor, Construction Industry, Nebraska Construction|

As you have likely heard, the Paycheck Protection Program (PPP) funds have run out. While Congress battles about how to add more funds to the PPP, the Small Business Administration has released the specifics about the number of businesses that received loans, the industries and locations. In a nutshell, the SBA approved 1,661,367 loans from 4,975 lenders. The average size of the loans was $206,000 and about 75% were for [...]

15 Apr, 2020

Construction Work—Is it an Essential Activity in your Jurisdiction?

Craig Martin2020-04-11T08:15:10-05:00April 15th, 2020|Construction Activity, Construction Contractor Advisor, Construction Economy, COVID Construction, COVID-19|

Shelter in place orders abound throughout the country, yet construction continues to march on. As we continue to deal with the impact of COVID-19, it’s important that you know whether your construction work is considered essential. Your local government, state, county and city, may have established guidelines which will impact your operations. For example, Nebraska has “requested” that everyone stay at home and social distance at work. Construction projects are [...]

8 Apr, 2020

Construction Site Safety–Striking a Balance with COVID-19

Craig Martin2020-04-07T17:22:09-05:00April 8th, 2020|Construction Contractor Advisor, COVID Workers' Compensation|

Construction projects are still humming along in the Midwest. But, this is only happening with construction companies making adjustments to their daily operations to protect employee safety. Here are a few measures the industry is taking to minimize the risk of COVID-19 to employees. AGC is recommending a nationwide Safety Stand-Down ABC is recommending Covid-19 based Tool Box Talks; alcohol-based hand sanitizer and wash stations throughout the worksite; requiring and [...]

31 Mar, 2020

Construction Contractors and the CARES Act

Craig Martin2020-03-28T10:19:33-05:00March 31st, 2020|Construction Contractor Advisor, Construction Law, COVID Construction|

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was just passed and it contains a number of provisions that will benefit the construction industry, including, the Paycheck Protection Program, unemployment, and delayed payroll taxes. Below are a few of the highlights. Paycheck Protection Program This is a low interest loan program for small businesses that were operational since February 15, 2020 and had employees to whom it paid wages. [...]

27 Mar, 2020

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

Craig Martin2020-03-27T14:17:19-05:00March 27th, 2020|Construction Contractor Advisor, COVID Construction|

Concerns surrounding COVID-19 are not just related to construction projects and contracts. You need to make sure you are personally ready to deal with COVID-19. Here is an article from one of my partners discussing the importance of putting in place Powers of Attorney to make sure you have someone making health care and financial decisions for you should you become incapacitated. https://www.ldmlaw.com/2020/03/why-your-covid-19-planning-should-include-durable-powers-of-attorney-for-health-care-and-finances/

25 Mar, 2020

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

Craig Martin2020-03-27T14:15:50-05:00March 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?

Craig Martin2020-03-27T14:16:40-05:00March 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 [...]

11 Mar, 2020

A Very Bad Day Indeed

Craig Martin2020-03-04T07:53:57-06:00March 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

Craig Martin2020-03-02T09:09:49-06:00March 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 [...]

26 Feb, 2020

Can I Borrow Your Backhoe?

Craig Martin2020-02-22T12:21:51-06:00February 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 [...]

19 Feb, 2020

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

Craig Martin2020-02-15T10:35:53-06:00February 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 [...]

12 Feb, 2020

OFCCP Updates the Construction Contractor Technical Assistance Guide

Craig Martin2020-02-08T13:36:34-06:00February 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 [...]

5 Feb, 2020

Surety Hires Terminated Contractor to Finish Project

Craig Martin2020-02-03T09:20:54-06:00February 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

Craig Martin2020-01-29T09:32:51-06:00January 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 [...]

22 Jan, 2020

Scheduling on Construction Projects

Craig Martin2020-01-18T12:53:43-06:00January 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 [...]

15 Jan, 2020

Construction Contract Basics—Scope of Work

Craig Martin2020-01-11T10:37:04-06:00January 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 [...]

7 Jan, 2020

Terminated for Convenience—Now What?

Craig Martin2020-01-06T10:47:30-06:00January 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 [...]

31 Dec, 2019

The Vagaries of Litigation

Craig Martin2019-12-30T07:30:19-06:00December 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 [...]

17 Dec, 2019

OSHA Inspections Continue to Rise

Craig Martin2019-12-14T12:28:58-06:00December 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 [...]

10 Dec, 2019

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

Craig Martin2019-12-07T12:15:51-06:00December 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 [...]

27 Nov, 2019

Happy Thanksgiving

Craig Martin2019-11-24T10:57:48-06:00November 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.

22 Nov, 2019

A Bond is NOT Insurance

Craig Martin2019-11-22T09:23:13-06:00November 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 [...]

14 Nov, 2019

What Can You Do to Get Paid on Your Project?

Craig Martin2019-11-13T18:47:44-06:00November 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 [...]

7 Nov, 2019

OSHA Top Ten Standard Violations for 2019

Craig Martin2019-11-11T14:58:08-06:00November 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.

Craig Martin2019-10-26T12:47:15-05:00October 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 [...]

29 Oct, 2019

Construction Law Lunch and Learn

Craig Martin2019-11-19T13:24:39-06:00October 29th, 2019|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 [...]

23 Oct, 2019

Construction Contracts—Considering the Long Game

Craig Martin2019-10-21T13:47:45-05:00October 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 [...]

16 Oct, 2019

300,000+ Comments on DOL’s Apprenticeship Rule

Craig Martin2019-10-14T07:43:14-05:00October 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

Craig Martin2019-10-08T13:21:33-05:00October 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, [...]

2 Oct, 2019

Construction Law Lunch and Learn

Craig Martin2019-10-08T16:49:14-05:00October 2nd, 2019|Construction Contractor Advisor, Construction Lien, Latest News, Lien Waiver|

20 Sep, 2019

The Cost of Project Labor Agreements

Craig Martin2019-09-20T08:46:16-05:00September 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 [...]

13 Sep, 2019

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

Craig Martin2019-09-11T10:18:30-05:00September 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?

Craig Martin2019-09-05T09:08:32-05:00September 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 [...]

30 Aug, 2019

Musicians and Ballerinas Helping the Construction Industry

Craig Martin2019-09-03T10:07:37-05:00August 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 [...]

22 Aug, 2019

Filing Your Construction Lien on Time

Craig Martin2019-08-19T14:46:36-05:00August 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.

Craig Martin2019-08-16T14:47:48-05:00August 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 [...]

9 Aug, 2019

The Bleak Future of Multiemployer Plans

Craig Martin2019-08-14T14:40:30-05:00August 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 [...]

1 Aug, 2019

Waiving Goodbye to Liquidated Damages

Craig Martin2019-08-01T09:37:40-05:00August 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 [...]

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