17 May, 2024

NEBRASKA SUPREME COURT STENGTHENS LIEN CLAIMS

2024-05-17T10:18:18-05:00May 17th, 2024|Construction Contractor Advisor, News|

In an opinion issued this March, the Nebraska Supreme Court strengthened contractors’ rights to file liens to protect their interests in property upon which they performed work. The case was Nore Electric v. S&H Holdings, 316 Neb. 197 (2024). In that case, the Court held that an owner could not transfer its ownership interest free of contractors’ lien interests during a period following a notice of termination. Under Nebraska law, [...]

7 May, 2024

Hope for the Best, Prepare for the Worst: Insurance Policies for Addressing Risks on Construction Projects

2024-05-07T11:29:47-05:00May 7th, 2024|Construction Contractor Advisor, Construction Contracts|

By: Callie A. Kanthack Construction projects involve significant risks to owners, designers, and contractors.  Many of these risks are allocated in the parties’ contracts.  Risks may also be allocated to insurance companies through policies. By providing coverage for losses, insurance companies protect against certain financial losses and may also indemnify and defend against any claims or lawsuits filed against you.  The most common policies for construction projects include worker’s compensation, [...]

5 Mar, 2024

Not So Guaranteed: Can Small Losses Render a Sizable Liquidated Damages Provision Unenforceable?

2024-03-05T13:35:01-06:00March 5th, 2024|Construction Contractor Advisor, Construction Contracts, Latest News|

A “Liquidated Damages” provision should be a key part of your playbook when entering a construction contract. These damages typically apply when a party misses a performance deadline. The value of damages is usually expressed in a certain amount of dollars per day. Liquidated Damages are intended to avoid the difficult task of figuring out the economic impact of delayed performance. In many cases, an accurate estimation is quite difficult [...]

24 Jan, 2024

Wages for Federal Construction Projects: New Requirements Under Davis-Bacon Act and Executive Order 14026

2024-01-24T14:09:46-06:00January 24th, 2024|Construction Contractor Advisor, Davis Bacon Act, Federal Construction Projects|

How much are you paying your employees?  Wages for federally-funded construction projects have increased under the Davis-Bacon and Related Acts and Executive Order 14026. The Davis-Bacon and Related Acts (“DBRA”) applies to contractors and subcontractors performing work on federally-funded or assisting with contracts in excess of $2,000.00 for the construction, alteration, or repair of public buildings or public works.  The DBRA requires federal contractors and their subcontractors to pay employees [...]

2 Jan, 2024

Your Contract Terms Should Not Be “Standard”

2024-01-02T11:30:04-06:00January 2nd, 2024|Construction Contractor Advisor, Construction Contracts, Nebraska Construction|

Many clients come through our doors because a project has gone wrong due to obligations they unknowingly take on after signing “industry standard” contracts. Standard industry contracts make for good starting points, but careful contractors will want to move beyond, or at least study, the “typical” terms in a contract to maximize the opportunities for success on a project, including being paid for the work you complete. Form Contracts Favor [...]

8 Dec, 2023

Open Communication and Good Contracts Keep the Peace

2023-12-08T11:11:12-06:00December 8th, 2023|Construction Contractor Advisor, Construction Contracts|

It is a common occurrence for a home construction project to encounter delays, whether due to a change in project scope, weather conditions, delayed building materials, or a labor shortage. These delays can cause problems which can be avoided with a simple concept: open communication and clear provisions in a construction agreement. Oftentimes, an issue arises early in the building process that, if identified and communicated early, could have been [...]

23 Oct, 2023

Is a Contractor Entitled to Prejudgment Interest on Contracts in Nebraska?

2023-10-23T14:54:17-05:00October 23rd, 2023|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

In a recent ruling by the Nebraska Supreme Court, the answer was YES. Nebraska’s prejudgment interest statute provides that parties are entitled to twelve percent (12%) interest per annum on money due on any instrument in writing (such as a contract), unless the parties agree on another amount or to waive contractual interest. The statute provides that the account bears interest from the date of billing unless paid within thirty [...]

16 Oct, 2023

It’s Almost Time to Submit your EEO-1 Forms

2023-10-16T08:13:03-05:00October 16th, 2023|Construction Contractor Advisor, EEO-1|

October 31st is fast approaching. This is important, not because that’s Halloween, but because that is the day employers may file their EEO-1 Reports.  Employers completing the EEO-1 must submit and certify their workforce demographic data and must use their new Unique Entity Identification Number, not their old DUNS number.  Below is some information you need to know before filing. Who is a Covered Employer? Employers are required to file [...]

31 Jul, 2023

Preparing for OSHA’s Proposed Changes to PPE Rules

2023-07-31T08:10:50-05:00July 31st, 2023|Construction Contractor Advisor, OSHA, PPE|

Earlier this month, OSHA announced that it is seeking to revise the national Personal Protective Equipment (PPE) standard for the construction industry to make clear that PPE must fit each employee properly.  OSHA’s proposed revision to the standard would align the PPE standard for construction with that of general industry and maritime standards, which already require that PPE properly fit workers. OSHA’s Proposed Changes Unlike OSHA’s General Industry PPE standards, [...]

4 Apr, 2023

Selecting the Right Arbitrator for Your Case

2023-06-28T11:33:22-05:00April 4th, 2023|Arbitration, Construction Contractor Advisor, Construction Industry, Construction Law, Nebraska Construction Law|

Maybe you have negotiated with your counterpart to include an arbitration provision in your construction contract or picked up a form contract that selects arbitration as the method of dispute resolution. Regardless of the circumstances, when the time and need for arbitration comes, the big question remains, who will be the arbitrator(s) tasked with the fate of my case, my client, my company or my project?When it comes down to [...]

10 Mar, 2023

Winning Isn’t Everything . . . Unless You Can Collect: The Nebraska Supreme Court’s Recent Cautionary Holding

2023-05-03T08:52:00-05:00March 10th, 2023|Construction Contractor Advisor, Latest News, Nebraska Construction Law|

Unfortunately, winning a case does not guarantee that you will collect money.  The court is not responsible for collecting the judgment.  Rather, if the judgment debtor (losing party) does not voluntarily pay the judgment to the judgment creditor (winning party), the judgment creditor must take action to collect. For construction cases, the issue becomes more complicated and nuanced where a construction lien is filed on real property owned by a [...]

23 Feb, 2023

LDM Expands Construction Practice to Include Mediation of Construction Disputes

2023-02-23T11:53:16-06:00February 23rd, 2023|Construction Contractor Advisor, Construction Law, Latest News|

Lamson Dugan & Murray LLP is pleased to announce that Craig F. Martin will be expanding his construction practice to include mediation of construction disputes. Craig is certified in mediation by the Supreme Court of Nebraska, having completed both the Nebraska Mediation Association and Advanced Federal Practice Mediation Training programs. For more than 25 years, Craig has helped construction clients resolve all types of construction disputes. During that [...]

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected.

2023-01-14T07:59:25-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated.  What is your best course of action?  First, look at your contract.  Do you have a differing site conditions or changed conditions clause?  Absent such a clause, you may be required to assume any additional difficulty, burden, or expense.  However, even in the absence of such a clause, [...]

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected

2023-01-16T01:00:38-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated.  What is your best course of action?  First, look at your contract.  Do you have a differing site conditions or changed conditions clause?  Absent such a clause, you may be required to assume any additional difficulty, burden, or expense.  However, even in the absence of such a clause, [...]

23 Nov, 2022

Something to Be Thankful For

2022-11-23T09:30:41-06:00November 23rd, 2022|Construction Contractor Advisor|

As most readers know, I am a Construction Attorney. I was drawn to this area of the law, not because I love to read 100+ page contracts, but by the people. I am consistently impressed with my clients' dedication to their craft, their integrity in working through difficulties, and their desire to leave the project, and the world, better than they found it. Throughout my days, in dealing with the [...]

31 Oct, 2022

How to Get 12% Interest on Construction Liens

2022-10-31T13:47:55-05:00October 31st, 2022|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

You know the construction project is not going well when you are considering filing a construction lien. However, here is a little light at the end of the tunnel—you can now demand that the property owner pay you 12% annual interest on your claim from the date you filed your construction lien. A recent Nebraska Supreme Court decision made this right clear. In Echo Group v. Lund Ross, the material [...]

6 Jul, 2022

Working on Federal Projects—Beware of the Sovereign Acts Doctrine

2022-07-05T17:29:34-05:00July 6th, 2022|Construction Contractor Advisor, Federal Construction Projects|

Contractors working on federal projects continue to face losses caused by COVID.  Recovering these losses is proving difficult and the Sovereign Acts Doctrine may make it even more difficult. The Sovereign Acts Doctrine balances the government’s dual role in acting as a contractor and the sovereign.  When the sovereign takes action which is in the public good, a breach of contract action will not stand against the sovereign.  In order [...]

1 Jun, 2022

Do you have insurance coverage for that?

2022-05-31T10:17:54-05:00June 1st, 2022|Construction Contractor Advisor, Construction Insurance, Latest News|

Contractors are often surprised to learn that they do not have insurance coverage if the materials they provide fail.  A recent case out of the 11th Circuit Court of Appeals (which oversees Alabama, Florida and Georgia), upheld the trial court’s ruling that a contractor’s insurer was not required to cover claims that the concrete it provided did not meet specifications. The controversy arose when Morgan Concrete (“Morgan”) agreed to supply [...]

27 Apr, 2022

Beware of Waiving Your Arbitration Rights Through Your Conduct

2022-04-16T08:26:54-05:00April 27th, 2022|Arbitration, Construction Contractor Advisor|

Contractors are no strangers to arbitration or mediation clauses in construction contracts.  These provisions clearly identify the process for dispute resolution at the outset of a project rather than having to deal with disputes over how to resolve disputes.  However, a recent case in Florida illustrates the importance of following the requirements of these provisions to protect your rights. In Leder v. Imburgia Constr. Servs., 325 So. 3d 256 (Fla. [...]

15 Apr, 2022

The Department of Labor is Updating Davis Bacon Prevailing Wage Regulations

2022-04-09T11:25:20-05:00April 15th, 2022|Construction Contractor Advisor, Davis Bacon Act, Federal Construction Projects|

Last month, the US Department of Labor issued a Notice of Proposed Rulemaking to update the Davis-Bacon wage regulations.  Specifically, the Department proposes to amend regulations issued under the Davis-Bacon that set forth rules for the pre-determination of Davis-Bacon wage rates. The Davis-Bacon Act, created in 1931, requires contractors and subcontractors working on federally funded projects to pay employees locally prevailing wages and benefits.  At present, Davis-Bacon wages are required [...]

22 Mar, 2022

Federal Contractors–Are you ready to register with the OFCCP?

2022-03-14T11:05:00-05:00March 22nd, 2022|Construction Contractor Advisor, Federal Construction Projects, Office of Federal Contract Compliance Programs (OFCCP)|

On February 1, 2022, the Office of Federal Contractor Compliance Programs (OFCCP) launched the contractor portal through which Federal Contractors must register their organization.  Federal Contractors will have until June 30, 2022 to certify that they have complied with Affirmative Action Plan requirements. WHICH FEDERAL CONTRACTORS HAVE TO CERTIFY? Service and Supply Contractors (and subcontractors) must certify that they have adopted an Affirmative Action Plan.  Construction Contractors do not have [...]

15 Mar, 2022

How to Get Paid on Public Projects in Iowa and Nebraska: The Little Miller Act

2022-03-07T14:34:46-06:00March 15th, 2022|Construction Contractor Advisor, Iowa Miller Act, Little Miller Act, Nebraska Miller Act|

Congress enacted the Miller Act to provide protection to contractors furnishing labor and material on federal projects.  Many states, including Nebraska and Iowa, have enacted “Little Miller Acts,” which provide that same protection on state and county public projects.  These laws require general contractors on certain government jobs to carry a performance bond to protect the government against delays and incomplete work.  Those covered are also required to carry payment [...]

4 Mar, 2022

Does Your Company Require Employees To Be Vaccinated for COVID-19?  A New Law In Nebraska Applies to You!

2022-03-03T16:07:14-06:00March 4th, 2022|Construction Contractor Advisor, COVID Legislative, COVID Vaccine, COVID-19|

Although we may be seeing the light at the end of the long COVID-19 tunnel, for those employers who have instituted a mandatory COVID-19 vaccination policy, a new law in Nebraska applies to you. On Monday, February 28, 2022 Governor Ricketts signed LB 906. LB 906 requires employers who have a mandatory vaccination policy to allow for exemptions for employees who have a religious objection to the vaccine or a [...]

23 Feb, 2022

Modifications and Release Agreements in Construction Contracts

2022-02-11T13:08:00-06:00February 23rd, 2022|Change Orders, Construction Contractor Advisor, Construction Contracts|

Construction contracts typically allow for modifications during the course of performance. Parties can agree to change the scope of work or price that was originally agreed to. For example, contractors can run into unexpected costs due to another’s negligence or delays. Material costs may go up and the contract price may become inadequate. Modifications allow for contractors to be fairly compensated for the increased costs that result through no fault [...]

8 Feb, 2022

Biden Signs Executive Order Requiring Project Labor Agreements

2022-02-08T08:18:03-06:00February 8th, 2022|Construction Contractor Advisor, Executive Order, Federal Construction Projects, Project Labor Agreement|

On February 4, 2022, President Biden signed an Executive Order on the use of project labor agreements (“PLA”) on federal construction projects.  The Order will not go into effect until the Federal Acquisition Regulatory Council drafts regulations, which must be issued by June 4, 2022. President Biden’s executive order is making good on his promise to be the most “union friendly” president in history and could impact over $262 billion [...]

25 Jan, 2022

COVID-19 and Force Majeure Clauses

2021-12-30T13:51:35-06:00January 25th, 2022|Construction Contractor Advisor, COVID-19, Force Majeure|

The resurgence of COVID-19 has increased the importance of force majeure clauses in construction contracts. Here are some things to consider for your force majeure clause. Effect of Force Majeure Clause Force majeure clauses seek to excuse the nonperformance of a party. A party is no longer obligated to perform when an event expressed in the force majeure clause occurs, and the event is the cause of the party’s inability [...]

11 Jan, 2022

What you need to know about Indemnification Clauses

2021-12-30T13:46:56-06:00January 11th, 2022|Construction Contractor Advisor, Construction Contracts, Indemnity clauses|

Construction projects are risky, and parties allocate risk to reduce their own liabilities. Indemnification clauses shift risk from one party to another, but they come in may shapes and sizes. Therefore, it is important to read yours carefully. Terminology and Effect of Indemnification An “indemnitor” promises to compensate an “indemnitee” for injury or loss that the indemnitee incurs. Subcontractors are typically indemnitors that promise to “indemnify” the general contractor for [...]

20 Dec, 2021

OSHA’s Vaccine Rule—Reinstated

2021-12-20T09:12:55-06:00December 20th, 2021|Construction Contractor Advisor, COVID Employment, COVID-19, OSHA|

The tug-of-war on vaccination continues.  On December 17, 2021, a federal appellate court lifted the stay on OSHA’s emergency temporary standard requiring employers with 100 or more employees to ensure employees are vaccinated or are testing regularly.  The appellate court’s decision was immediately appealed to the U.S. Supreme Court. What does this mean for employers? OSHA’s emergency temporary standard (ETS) requiring vaccinate or testing and masking is now in place, [...]

10 Dec, 2021

Federal Contractor COVID Vaccine Mandate Stayed

2021-12-09T08:23:59-06:00December 10th, 2021|Associated Builders and Contractors, Construction Contractor Advisor, COVID Construction|

On December 7, 2021, a federal judge in Georgia issued a nationwide injunction preventing the Biden administration’s Covid – 19 vaccine mandate for federal contractors from going into effect.  The injunction will remain in place until the court reaches a final decision on the matter, which could take several months. In ruling in favor of the various states that filed the lawsuit, the court found that President Bidens’s Administration likely [...]

15 Oct, 2021

The COVID Mandate FAR Clause

2021-10-15T11:23:12-05:00October 15th, 2021|Construction Contractor Advisor|

The New FAR clause is out and the federal government is issuing amendments/modifications of contract notices on federally funded project.  For those of you new to this discussion, please check out our earlier blog on the new vaccine mandate.  As we warned you earlier, the federal government is now amending contracts to require all employees working on the federally funded project to be vaccinated.  There is no carve out for [...]

29 Sep, 2021

New Guidance on COVID-19 Vaccine Mandate for Federal Contractor

2021-09-29T15:23:40-05:00September 29th, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, Vaccination|

The Federal Workforce Task Force, created by President Biden’s Executive Order on COVID Safety Protocols, released guidance on workplace safety protocols for federal contractors and subcontractor.  The Guidance explains which contracts are covered, which employers are covered and the COVID-19 vaccination requirements for covered employees.  Below are answers to common questions about the Guidance. When will the Vaccine Mandate start? Government agencies will begin implementing the new requirements during the [...]

15 Sep, 2021

Biden Executive Orders Mandates Vaccines for Federal Contractors

2021-09-13T17:39:11-05:00September 15th, 2021|Construction Contractor Advisor, COVID-19, Federal Construction Projects, Government Regulations|

On September 9, 2021, the Biden Administration issued an Executive Order “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” While the details are not entirely clear, it appears that in the next few weeks, federal contractors will have to provide evidence of vaccination of their employees working on federal projects. Implementation The Safer Federal Work Task Force has been directed by Executive Order to issue guidelines by September 24, 2021, [...]

4 Aug, 2021

Just say no to drugs?  How Iowa law requires extraordinary efforts by employers to enforce a drug testing policy

2021-07-31T07:14:46-05:00August 4th, 2021|Construction Contractor Advisor|

The illegal use of drugs by employees presents a host of issues for employers – from safety to work place errors to morale.  A well thought out and written drug testing policy has been a key tool in an employer’s tool box to manage its workforce and to prevent potentially catastrophic results from illegal drug use at work.  However, at least in Iowa, the task of creating and complying with [...]

28 Jul, 2021

Material Costs Continue to Rise—What’s a Contractor to do?

2021-07-24T09:08:33-05:00July 28th, 2021|Construction Contractor Advisor, Construction Contracts, Escalation Clause|

While COVID has made the past year wild and unpredictable, this summer could be even wilder with rapidly escalating material costs.  Lumber prices have tripled, steel prices are through the roof and PVC has doubled. These increases can turn into real numbers on your projects and if you don’t have any protections in place, the project could turn ugly in a hurry.  Now is the time to review your current [...]

16 Jun, 2021

How Should You Respond to An Accident on the Jobsite?

2021-06-12T09:43:38-05:00June 16th, 2021|Accident Investigation, Construction Contractor Advisor, OSHA|

If you have ever experienced a serious accident on the jobsite, you know it can be an incredibly stressful experience.  Having a plan in place setting forth how you expect employees to respond will help your company respond competently and quickly to an accident.  Here are a few things to consider for your plan: Prepare a checklist of how you want employees to respond to an accident, including: Who should [...]

26 May, 2021

Contractors Do NOT Have to Record Vaccine Reactions

2021-05-25T08:18:30-05:00May 26th, 2021|Construction Contractor Advisor, COVID-19, Nebraska Construction Law, Vaccination|

On May 21, 2021, OSHA reversed course on employer-required COVID-19 vaccinations, no longer requiring employers to record vaccine reactions.  This is a great step forward for employers and is supported by both industry groups and labor unions. As you may recall, last February OSHA originally mandated that if an employer required employees to get a vaccine, an employee’s adverse reaction to the vaccination must be recorded in their OSHA 300 [...]

12 May, 2021

Another Reason Not to Act As Your Own General Contractor

2021-05-24T14:14:56-05:00May 12th, 2021|Construction Contractor Advisor, Construction Contracts, Statute of Limitations|

The Nebraska Supreme Court recently issued an important opinion concerning the statute of limitations for a homeowners bringing claims against contractors. When an owner acts as his own builder or general contractor, he must file a lawsuit against a subcontractor within four years of the subcontractor completing its work, not within four years of completion of the total home or project. Add this to the list of reasons a homeowner [...]

28 Apr, 2021

Material Cost Increases—Are you ready?

2021-04-25T12:09:44-05:00April 28th, 2021|Construction Contractor Advisor, Construction Contracts, Escalation Clause|

Construction contractors are seeing material costs increase, particularly lumber, steel and fuel. As you review your contracts for 2021 and beyond, you may want to consider adding a price-escalation clause the protect against material cost increases. What is a price-escalation clause? In its simplest terms, a price-escalation clause allows contractors to recover material cost increases on a project.  While triggering events for escalation clauses vary, the two most popular types [...]

14 Apr, 2021

I’m sorry I asked.  What You Need To Know About Asking Employees If They Have Been Vaccinated.

2021-04-13T11:41:42-05:00April 14th, 2021|ADA, Construction Contractor Advisor|

During the early days of the Covid-19 pandemic the promise of a vaccine and a return to normalcy was the light at the of the tunnel.  A year later the ability to receive a vaccine is becoming rapidly available to people in almost all age groups, including your employees.  However, with the increased ability to receive the vaccine comes a new question – can you ask your employees if they’ve [...]

7 Apr, 2021

Work Changes and Considerations

2021-04-08T07:25:42-05:00April 7th, 2021|Change Orders, Construction Contractor Advisor, Construction Contracts|

Changes on construction projects are inevitable, especially with the reality of projects during and after the COVID-19 pandemic. Due to this inevitability, owners should consider including contingency in the budget to deal with change orders. Accounting for legitimate changes quickly and obtaining an agreement that the payment fully resolves the issue can limit larger disputes down the road. Unresolved change orders often result in disputes that end up with legal [...]

31 Mar, 2021

Update on PPP Loan Fraud

2021-03-30T07:59:33-05:00March 31st, 2021|Construction Contractor Advisor, PPP Loans|

You may recall a blog post from last year in which I explained that a contractor should not use PPP loan funds to buy a motorcycle or for golf outings.  Well, another contractor was just convicted of PPP loan fraud with similar allegations. Last Friday, a jury deliberated for 2 hours and found the roofer guilty of falsely acquiring $2 million in PPP loans.  That was about enough time for [...]

24 Mar, 2021

Settling your claim? Make sure you get paid.

2021-03-23T08:20:10-05:00March 24th, 2021|Construction Claims, Construction Contractor Advisor|

Your work on the project is done, but your final payment is delayed. You then hear that the owner and general contractor are arguing about final payment.  The owner contacts you directly to pay your final pay application.  You sign the release and get your check. But, the check bounces.  Now what?  You may be out of luck. When entering into a settlement agreement on a construction project, you need [...]

10 Mar, 2021

Is that an Employee or an Independent Contractor? 

2021-03-10T08:13:54-06:00March 10th, 2021|Construction Contractor Advisor, Employee, Employee Classification, Independent Contractor|

The Nebraska Court of Appeals has again answered the age old question of whether a worker is an employee or an independent contractor.  In Wight v H&S Contracting the court found that an individual who held himself out as a single employee operation was an independent contractor. In this case, Navarro Robles fell off of a roof while working on a job site.  His widow claimed that he was an [...]

3 Mar, 2021

Lien Waivers—Worth a Thorough Review

2021-02-27T08:28:10-06:00March 3rd, 2021|Construction Contractor Advisor, Construction Contracts, Lien Waiver, Nebraska Construction Law|

Throughout a project, and especially at the end, you are likely being asked to sign a lien waiver. Given the significant impact that these waivers may have on your opportunity to get paid, how closely are you reviewing lien waivers before you sign them?  Here are some points to think about before your sign. Is the lien waiver conditional or unconditional? The concern here is whether the lien waiver goes [...]

17 Feb, 2021

I’m Not Getting Paid. Can I Terminate the Contract?

2021-02-13T12:54:55-06:00February 17th, 2021|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Termination|

I’d like to say that the answer is clearly yes, but that’s rarely the case with construction contracts.  Ultimately, it will come down to the facts of your situation and whether the construction contract specifically allows you to pull off the job. Not Getting Paid Not getting paid is probably the most popular reason contractors terminate a construction contract.  The difficulty arises when we look closely at the circumstances leading [...]

10 Feb, 2021

Buy America—The Biden Administration’s Plan

2021-02-06T11:16:48-06:00February 10th, 2021|Buy America Act, Construction Contractor Advisor, FAR Council, Federal Construction Projects|

The Biden Administration issued another executive order, this one focusing on the application and enforcement of the Buy America Act.  As the name indicates, the Buy America Act is intended to increase the amount of American goods used on and in government contracts.  President Biden’s executive order focuses on enforcement and the administration of the Act. The most significant change created by the executive order is to create a Made [...]

3 Feb, 2021

President Biden Orders OSHA to Issue New COVID-19 Guidance

2021-01-30T09:38:10-06:00February 3rd, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, OSHA|

President Biden recently issued an Executive Order (copy here) requiring OSHA to issue “science-based guidance” to help keep workers safe from COVID-19 exposure.  The Executive Order does not create immediate changes, but calls for quick action by OSHA to update its guidance. The Executive Order  requires OSHA to: issue, within two weeks, revised guidance to employers on workplace safety during the COVID-19 pandemic; consider whether any emergency temporary standards on [...]

27 Jan, 2021

How to Deal with the Dreaded Pay-if-Paid Clauses

2021-01-26T11:22:56-06:00January 27th, 2021|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Pay-if-Paid|

It seems that more and more general contractors are using pay-if-paid clauses in their construction contracts.  Pay-if-paid clauses are some of the most controversial and heavily negotiated clause in construction contracts.  This article will explain what pay-if-paid clause is and provides some guidance on how to negotiate around these difficult clauses. A pay-if-paid clause, if properly drafted, pushes the risk of non-payment from the general contractor to you.  The clause [...]

20 Jan, 2021

I’m Not Getting Paid. Can I Terminate the Contract?

2021-01-21T08:58:20-06:00January 20th, 2021|AIA Contracts, Breach of Contract, Construction Contractor Advisor, Construction Contracts, Nebraska Construction, Nebraska Construction Law|

I’d like to say that the answer is clearly yes, but that’s rarely the case with construction contracts.  Ultimately, it will come down to the facts of your situation and whether the construction contract specifically allows you to pull off the job. Not Getting Paid Not getting paid is probably the most popular reason contractors terminate a construction contract.  The difficulty arises when we look closely at the circumstances leading [...]

13 Jan, 2021

Construction Contracts–The Scope of the Work

2021-01-13T14:22:41-06:00January 13th, 2021|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Scope of Work|

Construction contracts can take on many shapes and sizes and there are several important provisions that you should review.  But, the most important, in my mind, is the scope of work to be provided. Preventing Costly Overruns Ideally, the scope of work will detail, and limit, the work that is to be provided for the money that the owner is obligated to pay. We recommend that the scope of work [...]

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