Last week we blogged on documentation to support the amount of a construction lien. This, however, is just the tip of the documentation iceberg. For those of you who have experienced construction litigation, you know the large number of documents involved in a case. And, perhaps you are familiar with the awkward feeling of not being able to locate fundamental documents, like the signed contract. A good documentation system will serve [...]
More contractors and subcontractors are having trouble getting paid for their work. While an owner losing financing is nothing new, subcontractors are more and more finding pay-if-paid clauses in their contracts that arguably prevent them from pursing the general contractor for payment. What can you do to minimize this risk? Read Your Contract I know this sounds obvious, but pay-if-paid clauses can get stuck deep in the contract. And, after [...]
This is the first in an ongoing series discussing construction contracts. Would you ever agree to a contract without knowing the terms? Most contractors would say no, perhaps a bit more emphatically. But, it happens every day—where contract terms that you have never seen are incorporated into the contract by reference. Be on the lookout for phrases that incorporate external terms or standards to make sure you know what you [...]
Green or sustainable building has become a focal point in the construction industry. And, with sustainable building contracts come green building obligations. Contractors and subcontractors have to make sure they understand these requirements for “green” projects. LEED (Leadership in Energy and Environmental Design), created by the USGBC (United States Green Building Council) is the leading method for “green” certification. The LEED rating system has a number of requirements, just a [...]
Have you ever wondered if you can limit your liability on a construction project? Well, there are ways that this can be done. Nebraska courts have allowed contractors to limit their liability, but only in limited circumstances. The contract might contain a waiver of subrogation clause. This means that if the owner’s insurer pays for damage, even if it’s caused by the contractor, the owner cannot pursue claims against [...]
Welcome to Lamson, Dugan and Murray’s Construction Law blog. Here, we’ll be posting articles on a wide variety of construction related topics, including contracts, liens, dispute resolution, employee problems, insurance coverage, and updates on Nebraska and Iowa law and statutes. We hope that you find our articles beneficial to your business, and if you have a topic you’d like us to write on, drop us a line and we can [...]
