Latest News

7 Feb, 2013

Can Design Professionals Be Liable to Third-Party Purchasers?

2013-02-07T08:00:23-06:00February 7th, 2013|Limit Liability|

In California they can. In a recent case, Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, copy here design professional provided architectural and engineering services for a large residential condominium project. After the project was completed, the condominium association sued the design professionals asserting that the design caused water infiltration, structural cracks and solar heat gain. The condo owners went so far as to say the heat gain [...]

9 Nov, 2011

Wouldn’t It Be Nice to Limit Your Liability?

2011-11-09T19:21:02-06:00November 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 [...]

9 Sep, 2011

Facebook Posts May Be Protected Speech

2011-09-09T11:36:34-05:00September 9th, 2011|Concerted Activity, Employee, Firing employee, Limit Liability, NLRA|

Well, it finally happened--a judge has ruled that an employee cannot be fired for Facebook posts. In this case, several employees posted comments about another employee, staffing levels and working conditions. The employee who was the target of the posts complained to management, and within a few days, all five employee posters were fired. The employees sued, asserting that they were engaged in protected activity under the National Labor Relations [...]

10 Aug, 2011

Can you improve your documentation system?

2011-08-10T11:26:34-05:00August 10th, 2011|Construction Contracts, Construction Law, Documentation, Limit Liability, Nebraska Construction|

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 [...]

15 Jun, 2011

Five Steps to Avoid Being Sued

2011-06-15T07:17:28-05:00June 15th, 2011|Construction Law, Limit Liability, Litigation|

I have yet to meet a client who has enjoyed being involved in a lawsuit.  The cost of a large document production, the stress of sitting for depositions, and the time to prepare for trial can weigh heavily on a company and its owners.  But, there are some steps that you can take to limit, if not avoid, being sued.  Know the terms of the contract. You must know and [...]

8 Jun, 2011

Do you Really have Independent Contractors?

2011-06-08T08:39:11-05:00June 8th, 2011|Construction Law, Employee, Independent Contractor, Limit Liability|

The Department of Labor has increased its focus on independent contractors. Knowing whether your workers are independent contractors or employees is more important than ever. But how do you know? Regulatory authorities have identified a number of factors to determine whether your workers are independent contractors, but the primary factors are: The degree and extent or control you exercise over the worker; Whether the worker works for anyone else; Level [...]

1 Jun, 2011

Construction Contracts: Top Tips – What are the Terms?

2011-06-01T08:44:21-05:00June 1st, 2011|Construction Contracts, Construction Law, LEED, Limit Liability|

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 [...]

24 May, 2011

Minimizing your Risk in Green Building

2011-05-24T15:22:37-05:00May 24th, 2011|Construction Contracts, Construction Law, Green Building, LEED, Limit Liability, Sustainable Building|

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 [...]

20 May, 2011

Limiting your Liability in Construction Contracts

2011-05-20T13:41:30-05:00May 20th, 2011|Construction Contracts, Construction Law, Limit Liability|

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 [...]