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23 Jan, 2015

Construction Law Seminar–Free

2018-04-23T23:55:11-05:00January 23rd, 2015|Construction Contractor Advisor, Construction Law|

SAVE THE DATE Tuesday, March 10, 2015  Best Practices in Construction Seminar La Vista Conference Center 12520 Westport Parkway, La Vista, Nebraska‎ Goldleaf Surety is sponsoring a seminar on Construction Best Practices.  I will be presenting on the following topics: Lien Claims in Nebraska and Iowa Filing a lien may prove to be one of your best protections to get paid. But, doing it right is crucial to getting paid. During [...]

19 Jan, 2015

The Future Looks Bright for Construction in 2015

2018-04-23T23:55:12-05:00January 19th, 2015|Construction Contractor Advisor, Construction Economy|

Associated Builders and Contractors’ Construction Executive has painted a rosy outlook for the upcoming year. ABC’s Chief Economist predicts a 7.4 percent increase in total nonresidential spending for 2015. This is great news for a construction industry that has climbing out of the recession through fits and starts over the last several months. Perhaps the most telling statistic was ABC’s Construction Backlog Indicator, which reached an all time high in [...]

13 Jan, 2015

Nebraska’s Prompt Pay Act for 2015

2018-04-23T23:55:12-05:00January 13th, 2015|Construction Contractor Advisor, Prompt Pay Act|

Continuing with our theme of Ready for 2015, this blog serves as a reminder of your rights and obligations under Nebraska’s Prompt Pay Act, Neb. Rev. Stat. §§ 45-1201-1211. As you may recall, Nebraska’s legislature amended the Prompt Pay Act in 2014. The most significant changes are highlighted below. Attorney’s Fees May be Recovered. The most significant change in the Prompt Pay Act allows contractors to recover damages if they [...]

7 Jan, 2015

Maryland Contractor Documents its Illegal Deal and Pays $2.15 Million to Settle Fraud Claims

2018-04-23T23:55:12-05:00January 7th, 2015|Construction Contractor Advisor, Criminal Conduct, Government Contracting|

Why would a contractor create a contract for illegal work?  I really don't know. Late last year, the FBI announced that a Maryland contractor, Forrester Construction Company, agreed to pay $2.15 million dollars to resolve a criminal investigation into alleged fraud in connection with the use of disadvantaged business enterprises involving more than $145 million of District of Columbia government contracts. Under this scheme, Forrester entered into joint venture agreements [...]

5 Jan, 2015

Are You Ready For 2015?

2018-04-23T23:55:12-05:00January 5th, 2015|Best Practices, Construction Contractor Advisor|

Last month’s Engineering News Record Magazine contained an editorial noting the worst projects of the year. Are you prepared if you have a bad project? As the editors aptly pointed out: By their nature, bad projects disappoint owners, incite hostility among team members, slip months and years past scheduled completions and drain finances. ENR pointed noted a few projects from 2014 that did not go well.  They included: Wayne County [...]

23 Dec, 2014

Happy Holidays and My Gift to You

2018-04-23T23:55:12-05:00December 23rd, 2014|Construction Contractor Advisor, Insurance coverage|

I love this time of year.  Of course, work efficiency is down and that which does get done is hard fought, but I love the season of hope and joy. I hope that you and yours have a wonderful holiday season. I also wanted to get you something  I thought long and hard about what to get you. Reflecting on the year, I realized that insurance coverage was a popular [...]

17 Dec, 2014

Quickie Elections–NLRB Issues Final Rule

2018-04-23T23:55:12-05:00December 17th, 2014|Construction Contractor Advisor, NLRB|

On December 12, 2014, the NLRB announced that its final rules on the "Quickie" Election will be published on December 15, 2014, and will take effect April 15, 2015.  The most significant impact of the new rules will be to shorten the time from election for union representation from approximately 40 days to 10 to 14 days. The NLRB's press release stated that the rules are aimed at streamlining and [...]

15 Dec, 2014

Kiewit-Turner Stops Work on VA Project—Now What?

2018-04-23T23:55:12-05:00December 15th, 2014|Breach of Contract, Construction Contractor Advisor, Government Contracting|

Stop! The Kiewit-Turner joint venture created to build the VA’s hospital near Denver stopped work on December 10 after the Civilian Board of Contract Appeals ruled that the VA breached the contract. Kiewit-Turner claims that the VA owes it over $100 million on the project. And, given the appeals board’s recent ruling entirely against the VA, the claim may get some traction. This project has been plagued with [...]

10 Dec, 2014

OSHA’s New Severe Injury and Fatality Reporting Requirements, Are You Ready?

2018-04-23T23:55:12-05:00December 10th, 2014|Construction Contractor Advisor, OSHA|

Last September, OSHA announced its final rules for reporting severe injuries and fatalities. The new rules take effect on January 1, 2015. Are you ready? OSHA The New Rule Requirements OSHA’s severe injury and fatality reporting requirements apply to all employers covered by OSHA, not just those with 10 or more employees. All employee work-related fatalities must be reported within 8 hours of the death. The previous rule [...]

8 Dec, 2014

That’s What I have Insurance For, Right?

2018-04-23T23:55:12-05:00December 8th, 2014|Construction Claims, Construction Contractor Advisor, Insurance coverage|

Construction Insurance Coverage Ah, the age old question, What does my insurance really cover?  A federal court in Georgia recently weighed in on this issue in Standard Contractors, Inc. v. National Trust Insurance Company, and ruled that a contractor’s commercial general liability insurer did not have to pay for damage caused by a subcontractor. Standard Contractors was hired to renovate the pool on an army base.  Standard hired [...]

2 Dec, 2014

Obama’s Immigration Efforts May Impact Your Company

2018-04-23T23:55:12-05:00December 2nd, 2014|Construction Contractor Advisor, Employee Eligibility|

Late last month, President Obama issued a number of Executive Orders on immigration policy. One main point of the President’s action grants work permits to millions of immigrants who were ineligible for lawful status. If one of your employee’s qualifies for this program, called Deferred Action, you may have to update employee I-9s. Deferred Action The executive order allows qualifying immigrants to remain in the U.S. It also allows individuals [...]

25 Nov, 2014

2018-04-23T23:55:12-05:00November 25th, 2014|Construction Contractor Advisor, Thank You|

I hope you all have a wonderful holiday and have a moment reflect on all the wonderful experiences over the last year for which we can all be thankful. I'd also like to thank you all for reading this blog.  I truly appreciate your interest, sharing, and comments over the past year. If you ever have an idea or a question you’d like me to write about, please let me [...]

19 Nov, 2014

What Personal Assets Have you Pledged to your Bonding Company?

2018-04-23T23:55:12-05:00November 19th, 2014|Bond Claims, Construction Contractor Advisor|

What are your personal obligations? The demise of Truland Group, an electrical contractor on the east coast, raises an interesting question as to the extent of an owner’s personal liability to the bonding company. As has been revealed in the litigation surrounding Truland’s fall from grace, it is far from clear which of the owner’s assets may be seized to reimburse the bonding company for payments on projects. [...]

17 Nov, 2014

Best Practices in Construction– What are Yours?

2018-04-23T23:55:12-05:00November 17th, 2014|Best Practices, Construction Contractor Advisor|

Risks on Construction Projects The latest Engineering News Record had an interesting article on Best Practices  in Construction written by Deron Cowan of Zurich Services Corporation. In the articles, Mr. Cowan emphasizes the importance of best practices and the methodology to develop them. As Mr. Cowan notes, best practices are intended to eliminate, reduce and manage risks and all construction companies should be fully engaged in correctly executing [...]

16 Nov, 2014

Labor Shortage Confirmed Through AGC Poll

2018-04-23T23:55:12-05:00November 16th, 2014|Construction Contractor Advisor, Labor Shortage|

Help Wanted in Construction Industry Over 1,000 contractors participated in Associated General Contractors’ (“AGC”) survey asking whether they were facing a labor shortage. AGC crunched the numbers and provided an Analysis of its survey. The survey revealed that 83% of construction firms were having trouble finding qualified workers. This survey certainly confirmed comments from construction firms in and around Omaha. AGC also provided a regional analysis and below are some [...]

12 Nov, 2014

Minimum Wage on Federal Construction Projects is $10.10

2018-04-23T23:55:12-05:00November 12th, 2014|Construction Contractor Advisor|

The Department of Labor's regulations can impact your construction project. The Department of Labor issued its final regulations to implement President Obama’s Executive Order raising the minimum wage to $10.10 per hour for workers on federal construction projects. The new minimum wage will not be effective until January 1, 2015, and will apply to most workers and most federal projects. Covered Contracts Executive Order 13658 applies to four [...]

10 Nov, 2014

Court Again Defines Extent of Contractor’s Insurance Coverage

2018-04-23T23:55:12-05:00November 10th, 2014|Construction Contractor Advisor, Insurance coverage|

Construction insurance coverage can be confusing and counsel may be necessary to review coverage decisions. The ever changing landscape of insurance coverage for contractors continues to be clarified in Texas. The Fifth Circuit Court of Appeals applied Texas law in Crownover v. Mid-Continent Casualty Company, concluding that contractors do have insurance coverage to cover claims that a project was not constructed in a good and workmanlike manner. In [...]

5 Nov, 2014

Owner’s Web of Deception Foiled by the Court

2018-04-23T23:55:12-05:00November 5th, 2014|Construction Contractor Advisor|

Can an owner use a related entity to purchase the construction loan from the lender and then foreclose on that loan to wipe out a contractor’s construction lien? Not in Florida. Nebraska construction projects can involve webs of difficulties and even deceit. In CDC Builders, Inc. v. Biltmore-Sevilla Debt Investors, LLC, the Florida appellate court refused to allow an owner to avoid a construction lien through the owner's web [...]

3 Nov, 2014

Can a Contractor be Liable to Second Buyers of Homes for Construction Defects?

2018-04-23T23:55:12-05:00November 3rd, 2014|Construction Claims, Construction Contractor Advisor|

Looking for assistance with a construction problem? Whether a contractor will be liable to a second purchaser, even though the contractor never contracted with the second purchaser, varies state to state. The Pennsylvania Supreme Court, in Conway v. The Cutler Group, is the latest court to rule that a subsequent purchaser lacks privity and cannot pursue an action against the builder. In that case, the Conways purchased a [...]

29 Oct, 2014

General Contractors Can Be Sued by a Subcontractor’s Injured Employee

2018-04-23T23:55:12-05:00October 29th, 2014|Construction Contractor Advisor, General Contractor Concerns|

Looking for assistance with a construction problem? General contractors that exercise control over the worksite can be sued by a subcontractor’s injured employee. The Nebraska Supreme Court’s recent opinion, Gaytan v. Wal-Mart, should serve as a reminder that general contractors may be responsible for the safety of all workers on a job site. In this case, a roofing subcontractor’s employee died after falling through the roof of the [...]

21 Oct, 2014

A Winning Procedure to Develop a Request for Compensation — Lunch & Learn

2018-04-23T23:55:12-05:00October 21st, 2014|Construction Claims, Construction Contractor Advisor|

Thanks to everyone that attended last week’s Lunch & Learn on preparing claims. We had some great discussion from both the ranks of general contractors and subcontractors. For those of you that missed the meeting or didn't pick up the handout, A Winning Procedure to Develop a Request for Compensation, send me an e-mail and I'll send it to you.  My e-mail address is cmartin@ldmlaw.com. In a nutshell, to develop [...]

16 Oct, 2014

Arbitration—No Opportunity for Appeal

2018-04-23T23:55:12-05:00October 16th, 2014|Arbitration, Construction Contractor Advisor|

Last week I presented to the Great Plains Chapter of the American Society of Professional Estimators on arbitration and litigation. Some of the questions related to the difficulty of appealing an arbitrator’s decision. A Florida appellate court recently confirmed this difficulty. In Village at Dolphin Commerce Center, LLC v. Construction Service Solutions, LLC, a contractor filed an arbitration claim against the owner to get paid for its work. The owner [...]

13 Oct, 2014

Union THUGS Plead Guilty

2018-04-23T23:55:13-05:00October 13th, 2014|Construction Contractor Advisor, Unioin Campaign|

Some time ago, I wrote about union THUGS (The Helpful Union Guys) that tormented merit shops to force contractors to use union labor on projects. The THUGS set fire to equipment, beat contractors with baseball bats, and picketed apartment complexes where contractors lived. Recently two of the ten union members plead guilty to arson-related charges, including two counts of maliciously damaging property by means of fire, extortion, and RICO conspiracy [...]

8 Oct, 2014

More Regulations for Federal Contractors

2018-04-23T23:55:13-05:00October 8th, 2014|Construction Contractor Advisor, Office of Federal Contract Compliance Programs (OFCCP)|

The Office of Federal Contract Compliance Programs (OFCCP) has been busy. In the last several weeks, the OFCCP has proposed regulations that will require contractors and subcontractors to provide summary compensation data and another rule prohibiting federal contractors and subcontractors from discriminating against employees or applicants who inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant. Equal Pay Report The OFCCP has proposed [...]

6 Oct, 2014

When Do You Call Your Lawyer?

2018-04-23T23:55:13-05:00October 6th, 2014|Construction Contractor Advisor, Construction Law|

The National Association of Home Builders recently conducted a survey asking its members about the legal issues they faced in the last 12 months and whether they consulted their attorney to deal with the problem. Below are some highlights of the survey. Legal Issue % of Homebuilders % Contacted Counsel Warranty/call back claims 34% 51% Contract disputes 22% 84% Defective Install/Workmanship 20% 83% OSHA Issues 13% 33% CGL Coverage Questions [...]

23 Sep, 2014

Fundamental Fairness Trumps Contract Language

2018-04-23T23:55:13-05:00September 23rd, 2014|Construction Contractor Advisor, Construction Contracts|

The Texas Supreme Court recently ruled that a “no-damages-for-delay” clause would not be enforced where the delay was caused by the owner. The court’s ruling flies squarely in the face of the contract language that attempted to insulate the owner from any delay claims, even those it caused. In the case of Zachary Construction v. Port of Houston underlying contract, proposed by the Port of Houston, was heavy handed, to [...]

15 Sep, 2014

Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

2018-04-23T23:55:13-05:00September 15th, 2014|Construction Claims, Construction Contractor Advisor, Insurance coverage|

The Nebraska Court of Appeals has ruled that a home builder that fails to adequately compact the soil does not have insurance coverage to repair damages to the home caused by the settling soil. In “insurance speak”, there was no occurrence to trigger coverage. In this case, Cizek Homes, Inc. v Columbia National Insurance Company, a home builder contracted with a buyer to build a house. A lot was selected and [...]

11 Sep, 2014

Lunch & Learn–How to Prepare a Winning Request for Compensation

2019-10-02T14:38:29-05:00September 11th, 2014|Construction Contractor Advisor|

Join us for our Fall Lunch & Learn Thursday, October 16th at 11:30.   We will be discussing How to Prepare a Winning Request for Compensation. The topics we will cover include: Developing a Roadmap to Prepare the Claim Determining Applicable Contract Terms The Impact of Change Orders Identifying the Important Documents Calculating the Amount Owed Seating is limited, so please RSVP to Craig Martin, (402) 397-7300, or via e-mail: [...]

9 Sep, 2014

The “Your Work” Exclusion—Is there a Trend against Coverage?

2018-04-23T23:55:13-05:00September 9th, 2014|Construction Contractor Advisor, Insurance coverage|

Two more courts have weighed in on the “your work” exclusion in commercial general liability (CGL) policies, finding that contractors did not have coverage for work performed improperly. These cases highlight that whether you have coverage for poor workmanship will depend on the state’s law applied. It now appears that if you are in South Carolina or Massachusetts, you will not have coverage. The South Carolina case, Precision Walls, Inc. [...]

3 Sep, 2014

Can an Architect, Hired by an Owner, Be Sued by the General Contractor?

2018-04-23T23:55:13-05:00September 3rd, 2014|Construction Contractor Advisor, Construction Contracts|

As is often the answer in this blog, maybe. And, it will likely depend on which state’s law is applied. Over the last few weeks, courts around the country have reached differing conclusions on whether a general contractor may sue an architect that it did not hire. Here’s the situation: The owner hires an architect to draft plans for a project. The project is then put out for bid and [...]

31 Aug, 2014

Happy Labor Day—But where is the labor?

2018-04-23T23:55:13-05:00August 31st, 2014|Construction Contractor Advisor, Construction Economy|

Associated General Contractors recently reported that employment expanded in 65% of the metro areas it surveyed. While this is great news for the construction industry, of great concern is that 25% of the companies responding to the survey noted that they were turning down jobs because of labor shortages. The survey revealed that construction management employees, including project managers, supervisors, and superintendents, are in the shortest supply, followed closely by [...]

25 Aug, 2014

Bid Protests—a necessary delay (evil)?

2018-04-23T23:55:13-05:00August 25th, 2014|Construction Contractor Advisor, Government Contracting|

Engineering News-Record had an interesting editorial commenting on the bid protests on the New Orleans airport. The article analogized bid protests to video reviews at a football game -- they cause delays, but more often than not, they provide a clearer picture of what occurred. The same can be said of bid legitimate protests. Bid protests allow for a review of the decision making process. In the New Orleans airport [...]

18 Aug, 2014

Good Record Keeping is Critical to Your Construction Claim

2018-04-23T23:55:13-05:00August 18th, 2014|Construction Claims, Construction Contractor Advisor|

Nothing puts your record keeping practices under a microscope like litigation. Every piece of paper that you created or kept on a project may be reviewed and analyzed. And, every decision to throw away a document  will be assessed to figure out why you didn't keep it. The best way to ensure you have the necessary documents to support your claim is to have a written document retention policy. Do [...]

10 Aug, 2014

Obama’s “Fair Pay and Safe Workplace” EO Makes Federal Work More Difficult

2018-04-23T23:55:13-05:00August 10th, 2014|Construction Contractor Advisor, Government Contracting|

On July 31, President Obama issued yet another Executive Order to crack down on “federal contractors who put workers’ safety and hard-earned pay at risk.” The new Executive Order, called Fair Pay and Safe Workplaces, will require federal contractors to report certain labor law violations from the previous three years when submitting a bid on projects. It also prevents the use of arbitration agreements to resolve employment discrimination claims. These [...]

7 Aug, 2014

What’s Your Theory of Recovery?

2018-04-23T23:55:13-05:00August 7th, 2014|Construction Contractor Advisor, Construction Litigation|

Clients often times present problems with a project and explain the need to be compensated for the problems experienced.  But, having a consistent theory for recovery and evidence that supports that theory is always paramount to recovery. I was reminded of this perhaps obvious corollary when reviewing an Armed Services Board of Contract Appeals decision.  The appeal involved a $35 million request for additional compensation based on differing site conditions, [...]

3 Aug, 2014

The Active Interference Exception to the No Damage for Delay Clause

2018-04-23T23:55:13-05:00August 3rd, 2014|Construction Contractor Advisor, Construction Litigation|

Most construction contracts contain a “no damage for delay” clause that generally prevents a contractor from demanding compensation for a late starting or otherwise delayed project. But, if the owner or is representative actively interferes with the project, a contractor may still recover damages for delays. The recent case of C & C Plumbing and Heating v. Williams County, out of North Dakota found the owner liable for delays even [...]

30 Jul, 2014

Construction Manager at Risk—It May Be Riskier Than You Think

2018-04-23T23:55:13-05:00July 30th, 2014|Construction Contractor Advisor, Construction Manager at Risk|

A Massachusetts trial court recently ruled that a Construction Manager at Risk could not sue the owner for design defects even thought the owner provided the plans and specifications for the project.  This ruling is a substantial shift from the Spearin doctrine which has historically made the party providing the plans responsible for any shortcomings or problems with the plans. In the case of Coghlin Electrical Contractors, Inc. v. Gilbane [...]

27 Jul, 2014

Profiting from the Labor Shortage?

2018-04-23T23:55:13-05:00July 27th, 2014|Construction Contractor Advisor, Construction Economy|

Fellow blogger Chris Cheatham posted an interesting article on his The Electronic Claim blog about ways a contractor may profit from the labor shortage.  The blog is based on an article, 5 Ways to Profit from the 2014 Labor Shortage, published by McGraw Hill-Dodge.  An important takeaway deals with how subcontractors are responding to the greater need for their services and whether they are profiting from this change in the [...]

21 Jul, 2014

Does a General Contractor Have to Tell a Subcontractor that its Bid is Too Low?

2018-04-23T23:55:13-05:00July 21st, 2014|Construction Contractor Advisor, Construction Contracts|

We have all seen this situation before. The bids come in, the lowest is taken, and lo and behold, the subcontractor finds out that it cannot perform for the amount listed in the bid. When this happens, the subcontractor may take the position that the general contractor should have told the subcontractor that their bid was too low. The case of Fidelity And Deposit Co of Maryland v Casey Industrial [...]

9 Jul, 2014

Getting Paid for Your Work Presentation to NARI

2018-04-23T23:55:13-05:00July 9th, 2014|Construction Contractor Advisor, Construction Contracts|

I had the pleasure of presenting to the Omaha chapter of the National Association of the Remodeling Industry (NARI) last week on steps they could take to ensure that they get paid for their work. The majority of our discussion dealt with construction contracts and clauses that should be included in their construction contracts. The clauses that I recommended included: Identification of contract document Detailed scope of work Dealing with [...]

30 Jun, 2014

Construction Litigation — Can you win and collect?

2018-04-23T23:55:13-05:00June 30th, 2014|Construction Contractor Advisor, Construction Litigation|

My friend and construction attorney, Chris Hill, raises a great point in his blog, Construction Law Musings, this week.  He addresses the two questions you should always ask when pursuing construction litigation.  The first, "Can you win the case and get a judgment?"  The second, and as important, "Can you collect on that judgment?" I invite you to check out Chris's post Think Twice About Heading to Court with a Construction [...]

24 Jun, 2014

The DOL Proposes Regulations to Establish a Higher Minimum Wage

2018-04-23T23:55:14-05:00June 24th, 2014|Construction Contractor Advisor, Department of Labor|

On June 17, 2014, the U.S. Department of Labor issued its proposed rules to implement Executive Order 13658 which requires federal contractors to pay a higher minimum wage. The Executive Order requires the hourly minimum wage to be increased to $10.10 an hour. Here are a few highlights of the proposed regulations: Effective Date The proposed rule will apply to contracts that are entered into after January 1, 2015. Covered [...]

16 Jun, 2014

Playing Close to the Line Can Get You Burned

2018-04-23T23:55:14-05:00June 16th, 2014|Business Ethics, Construction Contractor Advisor|

Down in Florida, CH2M Hill and AECOM Technical Services were vying for the billion dollar project. CH2M Hill and AECOM submitted their proposal in the spring of 2013. CH2M Hill then submitted materials directly to county official prior to its August presentation. CH2M Hill was awarded the project. AECOM cried foul, claiming that CH2M Hill violated local rules when it submitted materials directly to county officials. The county’s ethics chief [...]

11 Jun, 2014

Improve Your Safety Program, Improve OSHA Compliance

2018-04-23T23:55:14-05:00June 11th, 2014|Construction Contractor Advisor, OSHA|

I recently came across an article in Construction Executive, by Edwin Foulke, listing 13 ways to improve your OSHA compliance record. Mr. Foulke is a prolific writer and presenter on occupational safety and health issues, and author of the Workplace Safety and Health Law Blog  You can find a copy of his article here. Although Mr. Foulke’s article mentions 13 actions that can improve your OSHA compliance, a few of [...]

4 Jun, 2014

Tremendous Construction Growth in Omaha

2018-04-23T23:55:14-05:00June 4th, 2014|Construction Activity, Construction Contractor Advisor|

BuildZoom recently published an article on Rising Construction Activity. What I found interesting was that Omaha has had the most consistent growth since 2011. The article compared cities such as Atlanta, Durham, Sacramento, Portland, Seattle and Omaha. For the years 2011, 2012 and 2013, Omaha consistently outpaced the other cities listed in the survey. As set froth in the article, in 2011, Omaha issued nearly 35,000 building permits, nearly 40,000 in [...]

29 May, 2014

CGL Coverage in Nebraska

2018-04-23T23:55:14-05:00May 29th, 2014|Construction Contractor Advisor, Insurance coverage|

After last week’s blog about what is covered by a CGL policy, I received a number of questions about whether Nebraska courts would cover faulty workmanship. So, what is covered by a CGL policy in Nebraska? The latest Nebraska Supreme Court case on this issue, Auto-Owners Ins Co v Home Pride Companies Inc, in 2004, ruled that faulty workmanship is not covered under a CGL policy. But, the insurer was [...]

27 May, 2014

Changes to the “Nebraska Construction Prompt Pay Act”

2018-04-23T23:55:14-05:00May 27th, 2014|Construction Contractor Advisor, Nebraska Prompt Pay Act|

This post was written by Jessica Nolan, a summer associate at Lamson Dugan & Murray, LLP. The Nebraska Construction Prompt Pay Act, Nebraska Revised Statutes, §§ 45-1201 to 45-1210, was amended and approved by the Governor on April, 16 of this year. The approved changes to the statutes (§§ 45-1201 to 45-1210) will be effective July 17, 2014. Importantly, the changes will only impact contracts entered into after that date. [...]

21 May, 2014

DBE Violations Can Be Costly—A lesson in what not to do.

2018-04-23T23:55:14-05:00May 21st, 2014|Construction Contractor Advisor, Disadvantaged Business Enterprises|

The federal government takes very seriously the Disadvantaged Business Enterprise (DBE) regulations. When a contractor hires a DBE, the DBE must do the work with minimal involvement or control by the general contractor. A Chicago based contractor, James McHugh Construction, decided to ignore the regulations and hired a DBE that it could control and used them as pass-throughs in order to obtain over $156 million in projects. McHugh won the [...]

19 May, 2014

What Does CGL Insurance Cover Anyway?

2018-04-23T23:55:14-05:00May 19th, 2014|Construction Contractor Advisor, Insurance coverage|

The Texas courts continue to wrestle with the problem of what is covered by a CGL policy.Readers may recall that in September, 2012, I wrote a blog about a Texas case winding its way through the federal courts and then being shipped to the Texas Supreme Court for additional analysis. Well, earlier this year the Texas Supreme Court finally issued its opinion, finding that a CGL policy does cover faulty [...]