20 Jan, 2021

I’m Not Getting Paid. Can I Terminate the Contract?

2021-01-21T08:58:20-06:00January 20th, 2021|AIA Contracts, Breach of Contract, Construction Contractor Advisor, Construction Contracts, Nebraska Construction, Nebraska Construction Law|

I’d like to say that the answer is clearly yes, but that’s rarely the case with construction contracts.  Ultimately, it will come down to the facts of your situation and whether the construction contract specifically allows you to pull off the job. Not Getting Paid Not getting paid is probably the most popular reason contractors terminate a construction contract.  The difficulty arises when we look closely at the circumstances leading [...]

25 Feb, 2020

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

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

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

4 Mar, 2014

Be Careful What you Agree To –Even Permits May Create Problems

2018-04-23T23:55:15-05:00March 4th, 2014|Breach of Contract, Construction Contractor Advisor|

We see it all the time. Boilerplate language in a contract that becomes a major issue down the line. A recent case revealed the problems a contractor had with permits when the contractor’s estimate contemplated an easy permitting process and compliance, but in actuality it was much, much more difficult. The case Bell/Heery v. United States, involved Bell/Heery’s request for additional compensation under a federal contract. Bell/Heery submitted a bid [...]

30 Jul, 2013

A Checklist for Dealing with Poor Workmanship

2018-04-23T23:55:17-05:00July 30th, 2013|Breach of Contract, Construction Contractor Advisor|

How are you handling the situations when a subcontractor performs so poorly that the work needs to be redone? The checklist below set forth some steps you can take to minimize the poor performers claim. Tell the contractor about the poor workmanship. This may seem obvious, but in some situations, it may seem easier to simply fix the problem. There may also be a provision in the contract that requires [...]

4 Dec, 2012

Can your Subcontractor Back Out of the Job?

2012-12-04T08:00:55-06:00December 4th, 2012|Breach of Contract|

You've been awarded the bid on a project and you let all your subs know that you were awarded the job. But, what do you do about that subcontractor that says, glad to hear it, but we can’t do your job anymore. The knee jerk reaction is to tell the subcontractor that he’s bound to do the job.  But is he? Submitting a Bid In order to have a binding [...]

17 Jul, 2012

So, Thinking About Walking Off the Job?

2012-07-17T14:10:34-05:00July 17th, 2012|Breach of Contract, Contract|

How many of your projects have gotten to the point where you think it is best to just walk off the job? I am sure you have any number of times. But, the question always turns on whether walking off the job will cost you more than the headache of completing it. A recent Texas case discussed some of the issues involved in whether to walk off the job. In [...]

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