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18 Mar, 2020

Is the Coronavirus Infecting Your Construction Schedule?

2020-03-27T14:16:40-05:00March 18th, 2020|Construction Claims, Construction Contractor Advisor, Construction Contracts, Construction Damages, Construction Delays, COVID Construction, COVID-19, Delay Damages|

We are all feeling the impact of the Corona virus, either because we or someone we know has been exposed or it is causing changes to our schedules.  Have you given any thought about how the schedule on your project will be impacted? This could come in the way of a reduced labor force or scarcity of building materials.  Perhaps it’s time to look at your contract to see how [...]

11 Mar, 2020

A Very Bad Day Indeed

2020-03-04T07:53:57-06:00March 11th, 2020|Construction Contractor Advisor, Construction Damages, Construction Defect, Nebraska Construction Law|

As a construction attorney, I am often tasked with confronting architects and engineers on the decisions they made in planning or monitoring construction projects.  The vast majority of times, the architect or engineer is well versed in the underlying regulations and codes on which he or she based their decisions.  But sometimes, the architect or engineer admits to having no knowledge of the underlying codes and to having no previous [...]

20 Jun, 2019

Make Sure to Pass on Subcontractor Claims

2019-06-19T09:18:13-05:00June 20th, 2019|Construction Contractor Advisor, Construction Damages, Liquidating Agreement|

When a contractor receives a delay claim from a subcontractor, it’s important to pass on the claim to the owner or the contractor could be liable for the subcontractor’s entire claim.  A recent decision out of New York underscores the importance of passing subcontractor claims to the owner. In the case Rad and D’Aprile, Inc.v Ariel Construction Corp., the subcontractor, Rad, made a claim for delay damages to the general [...]

31 Jan, 2013

How Does the Economic Loss Doctrine Limit your Construction Damages?

2013-01-31T08:00:28-06:00January 31st, 2013|Construction Damages|

Construction litigation is costly and time consuming. Knowing which damages you can recover before embarking on a lawsuit will help in your assessment of whether to file suit. Factoring into this decision will be the impact of the economic loss doctrine whether it will limit the claims you can pursue. What is the Economic Loss Doctrine? The economic loss doctrine is a judicially created doctrine that sets forth the circumstances [...]