Latest News

20 Jun, 2017

Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.

By |2018-04-23T18:22:19+00:00June 20th, 2017|Bond Claims, Breach of Contract, Construction Claims, Construction Contractor Advisor, Construction Law, Government Contracting, Lien Rights, Midwest Agricultural Law, Nebraska Construction, Payment Bond|

Holding the Bag According to a quick Google search the term "holding the bag" comes from the mid eighteenth century  and means be left with the onus of what was originally another's responsibility.  Nobody wants to be left holding the bag.  But that is the situation our client (subcontractor) found themselves in when upon completion of a public project the general contractor went out of business before paying [...]

16 Dec, 2015

The Ghosts of Projects Past

By |2018-04-23T23:55:09+00:00December 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 [...]

15 Feb, 2015

Preserving Your Construction Claim

By |2018-04-23T23:55:11+00:00February 15th, 2015|Construction Claims, Construction Contractor Advisor|

A recent article in the Construction Executive discussed the importance of preserving your claim, both in terms of timeliness of submitting your claim and making sure that you aren't waiving portions of your claim when executing releases. These are all excellent points and bear some follow-up. Timing Your Claim I often review construction contracts that contain deadlines by which claims must be submitted. It may seem counter intuitive to think [...]

8 Dec, 2014

That’s What I have Insurance For, Right?

By |2018-04-23T23:55:12+00:00December 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 [...]

3 Nov, 2014

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

By |2018-04-23T23:55:12+00:00November 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 [...]

21 Oct, 2014

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

By |2018-04-23T23:55:12+00:00October 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 [...]

15 Sep, 2014

Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

By |2018-04-23T23:55:13+00:00September 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 [...]

18 Aug, 2014

Good Record Keeping is Critical to Your Construction Claim

By |2018-04-23T23:55:13+00:00August 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 [...]