Construction Contracts - Page 2 of 3 - Lamson Dugan & Murray LLP

4 May, 2015

Indemnity Clauses—What do they mean, and what should you be looking for?

Craig Martin2018-04-23T23:55:11-05:00May 4th, 2015|Construction Contractor Advisor, Construction Contracts|

It seems that every construction contract now-a-days, contains an indemnity clause. Contractors should be reviewing these indemnity clauses very carefully to understand the potential scope of an indemnity obligation and your opportunity to negotiate changes. What is an indemnity Clause? An indemnity clause transfers risk from one party to another. When a contractor signs an indemnity agreement, it is agreeing to pay for damages for which another party could be [...]

8 Mar, 2015

Pay-if-Paid Clauses, Nasty, but Enforceable

Craig Martin2018-04-23T23:55:11-05:00March 8th, 2015|Construction Contractor Advisor, Construction Contracts|

I am preparing for a presentation this week on Troublesome Contract Clauses to the Construction Specifications Institute (“CSI”), Nebraska Chapter. One of the clauses we will be discussing is the dreaded Pay-if-Paid clause, a particularly nasty provision that places the risk of owner's solvency squarely on the subcontractor's shoulders. While pay-if-paid clauses can create tremendous problems for subcontractors, they are enforceable. Pay-if-Paid clauses eliminate the obligation to pay the subcontractor [...]

23 Sep, 2014

Fundamental Fairness Trumps Contract Language

Craig Martin2018-04-23T23:55:13-05:00September 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 [...]

3 Sep, 2014

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

Craig Martin2018-04-23T23:55:13-05:00September 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 [...]

21 Jul, 2014

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

Craig Martin2018-04-23T23:55:13-05:00July 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

Craig Martin2018-04-23T23:55:13-05:00July 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 [...]

23 Apr, 2014

Mutually Agreeable Schedule Revisions–What Does that Mean?

Craig Martin2018-04-23T23:55:14-05:00April 23rd, 2014|Construction Contractor Advisor, Construction Contracts|

Imagine that you are on a job that is significantly delayed. You tell the upstream contractor that performance at this late date will cost more money. Instead of being offered more money, you are told that you have to "mutually agree" on a revised schedule. How do you do that? One subcontractor in Oklahoma found out the hard way that walking off the job was not the answer. The case, [...]

3 Apr, 2014

Waiver of Change Order Requirements? It Can Happen.

Craig Martin2018-04-23T23:55:14-05:00April 3rd, 2014|Construction Contractor Advisor, Construction Contracts|

In the last post, I discussed a Montana case in which the contractor failed to follow the notice provisions contained in the contract and lost its claim because of it. But, sometimes a court will excuse your failure to follow the technical requirements of the contract. In a recent Nebraska case, the court excused a subcontractor’s failure to follow the notice provisions and allowed it proceed with its claim. The [...]

1 Apr, 2014

Know When to Provide Notice Under Your Construction Contract

Craig Martin2018-04-23T23:55:14-05:00April 1st, 2014|Construction Contractor Advisor, Construction Contracts|

Time and time again, courts rule that contractors must follow notice requirements in order to submit a claim for additional time or compensation. This blog looks at yet another example of a contractor that failed to follow the notice requirements and lost its demand for additional pay. This case, JEM Contracting v. Morrison-Maierle, involved a highway project in Montana. The contract provided: Contractor shall notify the Owner and Engineer in [...]

18 Feb, 2014

Contract Clauses—Termination for Non-Payment

Craig Martin2018-04-23T23:55:15-05:00February 18th, 2014|Construction Contractor Advisor, Construction Contracts|

How often do subcontractors continue to work on a project, waiting to get paid? The subcontractor has submitted pay applications, no one is complaining about its work, yet payment is slow. What are the subcontractor's options? Can the subcontractor terminate the contract? Maybe, but, as always, it depend on the contract language. A recent case out of Indiana sheds some light on this very issue. In Ellerman Construction v. Ohio [...]

6 Feb, 2014

The Ups and Downs of Escalator Litigation, Part II, Can the Architect Really Have the Final Say?

Craig Martin2018-04-23T23:55:15-05:00February 6th, 2014|Construction Contractor Advisor, Construction Contracts|

What does it mean when the architect has the “final” say on disputes? Does that prevent you from filing a lawsuit to get paid? Not necessarily. As we discussed in the last blog post, Otis Elevator installed four escalators. Otis’ shop drawings were approved before work was nearly completed, but the owner refused to accept the work. The escalators had to be changed and Otis wanted to be paid for [...]

4 Feb, 2014

The Ups and Downs of Escalator Litigation, Part I, Approved Shop Drawings Can Still Get You Sued

Craig Martin2018-04-23T23:55:15-05:00February 4th, 2014|Construction Contractor Advisor, Construction Contracts|

It’s never fun getting sued, especially when you didn't do anything wrong. That was the situation for Otis Elevator in a recent case. In this post we’ll look at the problem created by poorly drafted plans and specifications. In the next post we’ll review the impact of contract language that says the architect is the final decision maker on all issues. What happened? A small airport was expanding and needed [...]

30 Jan, 2014

Forum Selection Clauses—where are you going to litigate?

Craig Martin2018-04-23T23:55:15-05:00January 30th, 2014|Construction Contractor Advisor, Construction Contracts|

Late last year, the United States Supreme Court ruled that forum selection clauses in a construction contract are enforceable and, in some states, may require a construction dispute to be litigated outside of the state in which the project is located. The case, Atlantic Marine Construction Co. Inc., involved a construction project in Texas. Atlantic Marine was awarded a project at Fort Hood and subcontracted with J-Crew Management, a Texas [...]

23 Jan, 2014

Liquidated Damages—A Great Tool, But Hard to Use

Craig Martin2018-04-23T23:55:15-05:00January 23rd, 2014|Construction Contractor Advisor, Construction Contracts|

I had lunch with the American Society of Professional Estimators (ASPE) the other day and we discussed construction contracts. There were a lot of questions about liquidated damages. As I explained during the meeting, liquidated damages can provide some certainty about damages under a contract, but if the clause is unreasonable, it will not be enforced. Here is some more information on liquidated damages. What are Liquidated Damages? Liquidated damages [...]

21 Jan, 2014

Know your Site — or Pay the Price

Craig Martin2018-04-23T23:55:15-05:00January 21st, 2014|Construction Contractor Advisor, Construction Contracts|

Contractors are supposed to be familiar with the site and any conditions that may impact the project. AIA contracts typically include the contractor’s obligation to become familiar with the site. Yet, time and time again, site conditions cause delays and other problems on the project. The contractor on the Seattle Tunnel project appears to be having a site condition issue on the project. Some of you may have seen all [...]

16 Jan, 2014

Arbitration Clauses Must Be Clear and Consistent

Craig Martin2018-04-23T23:55:15-05:00January 16th, 2014|Construction Contractor Advisor, Construction Contracts|

I bring you a case from Hawaii to warm you through this cold snap we are having. A recent case required the parties to litigate whether the arbitration clause in the contract applied to the supplemental conditions and the damages caused by the work done under the supplemental conditions. The contract at issue contained a boilerplate arbitration agreement: Any claim arising out of or related to the contract . . [...]

5 Nov, 2013

Do You Have to Provide An Opportunity to Cure?

Craig Martin2018-04-23T23:55:16-05:00November 5th, 2013|Construction Contractor Advisor, Construction Contracts|

You know the situation – your subcontractor is doing a horrible job and you want them off the job. If you terminate the contract and bar them from jobsite, do you have to provide an opportunity them an opportunity to cure? You may if you are thinking about back charging the subcontractor for repairs. A recent case out of Oregon discussed this very situation. There, the general contractor terminated the [...]

15 Oct, 2013

Agreements to Agree Are Not Enforceable Contracts

Craig Martin2018-04-23T23:55:16-05:00October 15th, 2013|Construction Contractor Advisor, Construction Contracts|

Sometimes contractors join forces to prepare a bid and enter into a teaming agreement. Under the teaming agreement, they agree that, at some future date, they will agree on the terms of the contract for the work. The problem arises when the general contractor, after winning the bid, tells the subcontractor that they will not be working together. Sometimes the subcontractor sues to enforce the teaming agreement. And usually, the [...]

19 Sep, 2013

Are You Limiting Your Liability on Construction Projects?

Craig Martin2018-04-23T23:55:16-05:00September 19th, 2013|Construction Contractor Advisor, Construction Contracts|

Have you ever considered limiting your potential liability by incorporating a limitation of liability clause into your contract? Perhaps this is something worth considering. A limitation of liability clause limits the amount you will pay in the event the project goes poorly. Here is an example of a limitation of liability clause: The Owner agrees that to the fullest extent permitted by law, Architect’s total liability to the Owner shall [...]

21 Aug, 2013

Flow Down Provisions Can Cost You–A Lot

Craig Martin2018-04-23T23:55:17-05:00August 21st, 2013|Construction Contractor Advisor, Construction Contracts|

You likely see them in every contract. The Subcontract encompasses both the agreement itself and the underlying prime contract. But how often do you actually look at the prime contract? And, what kind of liability are you assuming under the prime contract? A small Kansas supplier learned the hard way that language in the prime contract can create substantial liability. Arch Environmental Equipment is a small bulk materials conveying equipment [...]

19 Aug, 2013

Character Counts—Even in Construction

Craig Martin2018-04-23T23:55:17-05:00August 19th, 2013|Construction Contractor Advisor, Construction Contracts|

I’m a Vikings fan. I've been following the political wrangling surrounding the new stadium that the Vikings’ owner, Zygi Wilf, has been trying to get built. As is sometimes the case, there are naysayers that are dissatisfied with some aspect of the project. But, the naysayers usually complain about the project itself, not the moral character of the proponent. That could be a problem. The Vikings’ new [...]

23 Jul, 2013

Are You Protecting Yourself from Rising Material Costs?

Craig Martin2018-04-23T23:55:17-05:00July 23rd, 2013|Construction Contractor Advisor, Construction Contracts|

The latest Engineering News Record reported that gypsum board prices rose 12.5% in 2012 and could increase 15.11% in 2013. That’s a huge increase in material costs. Are you doing anything to protect yourself? Do you have an escalation clause in your contracts? What happens if you don’t have an escalation clause? If you don’t have an escalation clause, you are either at the mercy of the contractor to allow [...]

23 May, 2013

Additional Insured versus Indemnity—What’s the Difference?

Craig Martin2018-04-23T23:55:18-05:00May 23rd, 2013|Construction Contractor Advisor, Construction Contracts|

Most construction contracts require downstream contractors to indemnify or insure upstream contractors. Isn't that just a way of saying the same thing twice? No, under Nebraska law, and most states, a duty to indemnify may be void as against public policy, while naming an upstream contractor as an additional insured will provide more certainty that the downstream contractor’s insurer will cover a claim. An indemnity clause requires one party to pay [...]

16 Apr, 2013

An RFP Is Not an Offer to Contract

Craig Martin2018-04-23T23:55:18-05:00April 16th, 2013|Construction Contractor Advisor, Construction Contracts|

If a general contractor uses your estimate in response to an RFP, has the general contractor promised to hire you? A recent Missouri Court of Appeals decision says no because an RFP is not an offer to contract, but an offer to receive proposals for a contract. In Jamison Electric, LLC v. Dave Orf, Inc., Jamison submitted a bid to general contractor Orf in support of an RFP issued by [...]

12 Apr, 2013

Venue Clauses–Are they Enforceable in Your Jurisdiction?

Craig Martin2018-04-23T23:55:18-05:00April 12th, 2013|Construction Contractor Advisor, Construction Contracts|

I've had a few clients ask about the enforceability of venue clauses, those pesky provisions that attempt to dictate where a lawsuit relating to the project must be brought. As is often the case, the answer depends on the state in which the project is located. For some variety, I reached out to some fellow construction attorneys around the country for their thoughts and I've provided their comments below. As [...]

21 Mar, 2013

Changes to the EJCDC Construction Contracts

Craig Martin2018-04-23T23:55:18-05:00March 21st, 2013|Construction Contractor Advisor, Construction Contracts|

The Engineers Joint Contract Documents Committee ("EJCDC") will be issuing its latest construction contracts on March 18, 2013. These revised contracts contain significant modifications, but two major changes involve the change-order process and insurance. Change Orders The new contracts strive to resolve conflict quickly. To expedite claim resolution, a new step has been added in which a requested change is first labeled as a change proposal, not a change. The [...]

14 Mar, 2013

Pay-if-Paid Clauses—Do you have one in your Contract?

Craig Martin2018-04-23T23:55:19-05:00March 14th, 2013|Construction Contractor Advisor, Construction Contracts|

I know I sound like a broken record on this, but courts keep interpreting pay-if-paid clauses. The latest case I read was out of Ohio, Transtar Electric, Inc. v. A.E.M. Electric Services Corp., in which the trial court ruled the clause was a pay-if-paid clause, but was overruled by the Court of Appeals. In that case, the subcontract conditioned payment to the sub on payment received by the contractor from [...]

14 Feb, 2013

Key Construction Contract Provisions, Part I

Craig Martin2013-02-14T08:00:08-06:00February 14th, 2013|Construction Contracts|

Negotiating construction contracts can sometimes seem more difficult than the work itself. Knowing what to look for can help you in your contract negotiations. While there are any number of key contract provisions, this blog will address two: indemnity and delays. Indemnity Indemnity shifts loss from one party to another. In construction contracts, the parties can agree to shift responsibility, and more often than not, the owner or up-stream contactors [...]

24 Jan, 2013

No Damage for Delay Clauses–Contractor Beware

Craig Martin2013-01-24T10:00:15-06:00January 24th, 2013|Construction Contracts|

Are you reviewing the first contract of the New Year yet? If you are, I hope you are looking to see whether it contains a no damage for delay provision. These provisions are enforceable in Nebraska and can turn a viable project into a disaster. What is a no-damage-for-delay provision? Generally speaking , a no damage for delay provision places the risk of loss caused by a delay on the [...]

27 Dec, 2012

A Year in Review—Know Thy Contract

Craig Martin2012-12-27T14:20:12-06:00December 27th, 2012|Breach of Contract, Construction Contracts|

As we wind down 2012, it’s a good time to look back and see where we've been. If the Construction Contractor Advisor had any themes beyond construction law, they were to know the terms of the contract and comply with those terms. Know Your Contract Every week I read about disputes that were caused by the parties’ differing interpretations of their obligations under a contract. These disputes often times relate to: Scope [...]

13 Nov, 2012

Understanding Your Construction Contract–Submitting a Claim

Craig Martin2012-11-13T08:00:53-06:00November 13th, 2012|Construction Contracts|

You know the situation--the job is not progressing as you would like, payments are slow, and now you are being challenged on your pay applications and change orders. You decide to finish the project, but you are still owed money. What do you do? Review your contract and file a claim! Pay Applications are Not Claims Although you may have submitted pay applications, pay applications are not claims under most [...]

6 Nov, 2012

Pay if Paid Clauses – What Do They Really Mean?

Craig Martin2012-11-06T08:00:39-06:00November 6th, 2012|Construction Contracts|

I received a number of calls about an earlier post commenting on the enforceability of pay-if-paid clauses. So, I thought I’d take the opportunity to discuss them in more detail. What is a pay-if-paid clause? A pay-if-paid clause provides that a subcontractor will be paid only if the contractor is paid. Under these clauses, each contracting party bears the risk of loss only for its own work. In contrast, pay-when-paid [...]

1 Nov, 2012

How does Nebraska’s Prompt Pay Act Impact Your Construction Contract? Part II

Craig Martin2012-11-01T08:00:15-05:00November 1st, 2012|Construction Contracts|

The Prompt Pay Act, Nebraska Revised Statutes § 45-1201 to 41-1210, applies to construction contracts entered into after October 1, 2010. This is the second of two posts highlighting the key provisions of the Prompt Payment Act. When Payments May be Withheld The Act allows a contractor to withhold payments in five situations: Retainage, as provided for in the contract, until the project is substantially completed; After substantial completion, 125% [...]

30 Oct, 2012

How Does Nebraska’s Prompt Pay Act Impact Your Construction Contract? Part I

Craig Martin2012-10-30T08:00:13-05:00October 30th, 2012|Construction Contracts|

Now that Nebraska’s Prompt Pay Act is in full swing, it’s a good time to consider how it will impact your rights under construction contracts. The Prompt Pay Act, Nebraska Revised Statutes § 45-1201 to 41-1210, applies to construction contracts entered into after October 1, 2010. This is the first of two posts highlighting the key provisions of the Prompt Payment Act. Impact on Public Projects The Act has clarified [...]

5 Oct, 2012

Are You Limiting Your Liability on Construction Projects?

Craig Martin2012-10-05T14:44:37-05:00October 5th, 2012|Construction Contracts|

Everyone wants to limit their potential liability on a construction project. But, are you actually incorporating clauses into your construction contract that do limit your liability? Limitation of liability clauses do just that, they limit the liability to which your company may be subject should a project experience problems. Typical limitation of liability clauses state that the maximum liability to which the contractor may be subject is $___________. The amount [...]

24 Jul, 2012

Forum Selection Clauses – Are You Reviewing Them?

Craig Martin2012-07-24T08:09:13-05:00July 24th, 2012|Construction Contracts, Forum Clause|

Construction contracts often times contain forum selection clauses, especially when the general is from out of town. Are you reviewing your contracts to see where you might have to litigate--at home or somewhere far away? What are forum selection clauses? Forum selection clauses dictate where litigation stemming from the project may be brought. Forum selection clauses may be voluntary, in that the parties to the contract consent to the jurisdiction [...]

10 Jul, 2012

Who’s Responsible for Safety on Your Job Site?

Craig Martin2012-07-10T07:11:16-05:00July 10th, 2012|Construction Contracts, Employee Safety|

Whether you are a general contractor or subcontractor, do you pay attention to those provisions of the contract that dictate who is responsible for the safety of your workers? If a worker is injured on the job site, the safety provisions may play a significant role in determining who is liable for the worker’s injuries. A recent Indiana Supreme Court case addressed this very issue. In that case, a concrete [...]

29 Jun, 2012

Contract Administration – Know When You Need Help

Craig Martin2012-06-29T14:27:02-05:00June 29th, 2012|Construction Contracts|

A client stopped by for some help with a contract. And, to this client’s credit, they knew they were dealing with a chopped up AIA contract that had so many changes, it was hard to tell what was in the original contract and what was a revision. Construction contracts, with their indemnity, subrogation, pay-if-paid clauses, can be so complicated. But, one advantage to the forms, like those from the AIA, [...]

19 Jun, 2012

Storing Key Documents, Contract Administration, Part 3,

Craig Martin2012-06-19T16:19:11-05:00June 19th, 2012|Construction Contracts|

As discussed in previous posts, here and here, it is vitally important for contractors to establish a contract administration system. In this post, we will discuss maintaining key documents to successfully prove your claim. In the first two posts we discussed the importance of reading and understanding the contract, and identifying the risks and theories of recovery. In the final part of this series, we will discuss some practical advice for [...]

7 Jun, 2012

Setting Up a Contract Administration System, Part II

Craig Martin2012-06-07T08:15:39-05:00June 7th, 2012|Construction Contracts, Construction Law, Nebraska Construction|

As promised, here are a few more necessary steps to set up a Contract Administration System. You can find the first two steps here. Today, we’ll discuss contract risks and the theories you may pursue to recover your damages, along with checklists for making common claims. Who is Responsible for the Risk? It is important to consider who is responsible for the risk associated with the project. When considering who [...]

22 May, 2012

Loss of Future Profits Can be Hard to Prove

Craig Martin2012-05-22T09:31:21-05:00May 22nd, 2012|Construction Contracts, Government Contracting|

Some of you may recall a recent post in which a drywall contractor was awarded loss of future profits against a union. As explained below, not all contractors are so fortunate to recover loss of future profits. In a recent matter before the Armed Services Board of Contract Appeals, a contractor claimed that it was forced to take out loans so that it could pay its subcontractors because the government delayed final [...]

17 Apr, 2012

The Joys of Litigating a Construction Claim

Craig Martin2012-04-17T08:32:54-05:00April 17th, 2012|Building Contracts, Construction Contracts, Construction Law, Nebraska Construction|

The Nebraska Court of Appeals recently decided a construction defect claim that illustrates the frustration that may result with taking a case to trial. After one trial and two appeals, the Court of Appeals sent the case back to the trial court to try the case a second time. And, this was over a $15,000 claim. This is one of those situations where someone is saying, “Only the attorneys got [...]

7 Mar, 2012

Notice Provisions—Are you abiding by them?

Craig Martin2012-03-07T08:46:35-06:00March 7th, 2012|Construction Contracts, Construction Law, Nebraska Construction|

Construction contracts often contain notice provisions that a subcontractor must follow to request additional compensation for work performed. While the notice provisions are generally straightforward, they are often one sided and a subcontractor’s failure to follow them may bar the subcontractor’s claim. A common form of change order is found in the AIA A201, which provides: Claims by either the Owner or Contractor must be initiated by written notice to [...]

9 Feb, 2012

What do you mean you won’t honor your bid?

Craig Martin2012-02-09T15:14:51-06:00February 9th, 2012|Construction Contracts, Construction Law, Nebraska Construction|

As a general contractor, you hate to hear that your subcontractor will not honor its bid. But, there are remedies. You may even be entitled to expectation damages – the difference between what you thought you were going to pay the old subcontractor and what you paid the new subcontractor. When a subcontractor submits a bid on which the general contractor relies in bidding a project, the general contractor may [...]

26 Jan, 2012

Your Bid May Create a Binding Contract

Craig Martin2012-01-26T14:16:27-06:00January 26th, 2012|AIA Contracts, Construction Contracts|

How often have you started working on a project without a signed contract? My experience has been that subcontractors do it all the time. But, what does it mean? A recent case out of Montana sheds some light on this issue. In this case, the subcontractor submitted its bid to the general contractor. The GC signed the bid on the acceptance line, but wrote in “pending contract with the owner." After the [...]

5 Jan, 2012

Government Contracting can be Difficult

Craig Martin2012-01-05T12:35:25-06:00January 5th, 2012|Construction Contracts, Construction Law, Government Contracting, Nebraska Construction|

Contractors often complain that while government contracts are good for business, the governmental bureaucracy is oftentimes more hassle than it is worth. A recent decision of the Boards of Contract Appeals and the Comptroller General drives this point home. In this recent situation, a service-disabled veteran-owned small business was the low bidder on a Department of Veteran Affairs project. However, the contracting officer determined that the low bid was unreasonably [...]

22 Dec, 2011

Who’s Reviewing Your Contracts?

Craig Martin2011-12-22T08:13:20-06:00December 22nd, 2011|Construction Contracts, Construction Law, Contract, Nebraska Construction|

I came across a Linked-In post the other day in which an attorney was asking whether he should add any extra language to an AIA agreement between the owner and contractor. This question got me wondering how many construction companies ponder the same question. Here are some questions to think about as you wait for the holiday party to start. Should your attorney review the contracts you are signing? And, [...]

9 Nov, 2011

Wouldn’t It Be Nice to Limit Your Liability?

Craig Martin2011-11-09T19:21:02-06:00November 9th, 2011|Construction Contracts, Construction Law, Contract, Documentation, Limit Liability, Nebraska Construction|

Did you know that you may be able to limit your liability on a construction project? Limitation of liability provisions are enforceable in Nebraska and may provide an effective method to limit your liability. Limitation of liability clauses generally set forth the upper limit a contractor may be liable for the work it performs. These clauses often times contain language like: Contractor’s maximum liability to Owner for all damages shall [...]

26 Oct, 2011

Change Orders – Do They Really Need to Be In Writing?

Craig Martin2011-10-26T09:52:14-05:00October 26th, 2011|Change Orders, Construction Contracts, Construction Law, Contract|

Well, it depends. Client questions and case law abound with questions about change orders and whether they really need to be in writing. Although Nebraska courts have not dealt with the issue in a while, courts around the country have recently addressed this question and it always comes down to the specific facts involved. But, if your contract requires a change order in writing, you would be well advised to [...]

28 Sep, 2011

Is the Construction Industry Headed for a Healthy Recovery?

Craig Martin2011-09-28T14:42:55-05:00September 28th, 2011|Construction Contracts|

Unfortunately, it does not appear that the construction industry is headed for a turnaround, yet. Last week, the U.S. Department of Commerce, Housing and Urban Development issued a report on new residential construction through August, 2011. The report noted that housing starts were down 5 percent from last July, which is the lowest it had been in three months. And this represents less than half the number of homes that [...]

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