Latest News

31 Mar, 2020

Construction Contractors and the CARES Act

2020-03-28T10:19:33-05:00March 31st, 2020|Construction Contractor Advisor, Construction Law, COVID Construction|

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was just passed and it contains a number of provisions that will benefit the construction industry, including, the Paycheck Protection Program, unemployment, and delayed payroll taxes.   Below are a few of the highlights. Paycheck Protection Program This is a low interest loan program for small businesses that were operational since February 15, 2020 and had employees to whom it paid wages.  [...]

27 Mar, 2020

Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances

2020-03-27T14:17:19-05:00March 27th, 2020|Construction Contractor Advisor, COVID Construction|

Concerns surrounding COVID-19 are not just related to construction projects and contracts. You need to make sure you are personally ready to deal with COVID-19. Here is an article from one of my partners discussing the importance of putting in place Powers of Attorney to make sure you have someone making health care and financial decisions for you should you become incapacitated. https://www.ldmlaw.com/2020/03/why-your-covid-19-planning-should-include-durable-powers-of-attorney-for-health-care-and-finances/

25 Mar, 2020

Is it Time to Send your COVID-19 Notice? YES

2020-03-27T14:15:50-05:00March 25th, 2020|Construction Claims, Construction Contractor Advisor, Construction Delays, COVID Construction, COVID-19|

COVID-19 is hampering all aspects of our lives, and the construction industry is no exception.  As you continue to assess your construction projects, don’t forget that you likely have notice obligations to upstream contractors or the owner to let them know of potential delay and cost increase claims. Review Your Contract Your contract probably requires you to provide notice of delays to upstream contractors or the owner.  And, it likely [...]

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 [...]

5 Mar, 2020

Do I Have Insurance for That?  CGL Insurance Coverage Questions

2020-03-02T09:09:49-06:00March 5th, 2020|Commercial General Liability (CGL), Construction Contractor Advisor|

We get a lot of calls from contractors asking about whether they have coverage under their Commercial General Liability insurance for a construction defect claim.  The short answer is always--Maybe.  An assessment of the claim requires a review of your policy and, equally important, which state’s law will interpret the claim. The first question, and often times only question, to be answered is whether the damage caused by the construction [...]

26 Feb, 2020

Can I Borrow Your Backhoe? 

2020-02-22T12:21:51-06:00February 26th, 2020|Construction Contractor Advisor, Construction Insurance, Nebraska Construction Law|

Borrowing equipment is a common occurrence on construction sites.  But, it’s riskier than you might think.  There could be a number of questions about whose insurance is responsible to pay for damages should something go wrong. The Situation A fellow subcontractor has asked to borrow your backhoe for the remainder of the day.  You don’t need it for the work you are doing, so you let him borrow it.  The [...]

19 Feb, 2020

Do You Want to Pay your Subcontractor’s Employee’s Wages? 

2020-02-15T10:35:53-06:00February 19th, 2020|Construction Contractor Advisor, Construction Contracts, Subcontractor|

The simple answer is “Of course not!”.  But are you taking any precautions to make sure that it doesn’t happen to you? How can this happen? We’ve all heard the stories of a subcontractor that failed to pay its laborers prevailing wages on a Davis Bacon project.  Typically, the Department of Labor catches this failure to properly pay employees in an audit of the project. If the subcontractor doesn’t have [...]

12 Feb, 2020

OFCCP Updates the Construction Contractor Technical Assistance Guide

2020-02-08T13:36:34-06:00February 12th, 2020|Affirmative Action Plan, Construction Contractor Advisor, Office of Federal Contract Compliance Programs (OFCCP)|

The OFCCP recently updated the Construction Contractor Technical Assistance Guide (TAG) to help federal construction contractors better comply with their Affirmative Action obligations and reporting obligations. Below we review some of the key information provided in the TAG. Executive Order 11246 Under Executive Order 11246, contractors must “take affirmative action” through postings, notices and taglines in job postings.  Contractors also have significant record retention obligations and the TAG explains what [...]

5 Feb, 2020

Surety Hires Terminated Contractor to Finish Project

2020-02-03T09:20:54-06:00February 5th, 2020|Construction Contractor Advisor, Construction Defect, Construction Surety|

Imagine a situation where the property owner finds significant problems with its contractor’s work and decides to fire the contractor.  The property owner promptly informs the surety seeking a replacement contractor to finish the project.  The surety investigates the situation and decides to hire the terminated contractor to finish the project.  Sounds a bit odd, and certainly disappointing to the owner, but this can happen and did happen in a [...]

30 Jan, 2020

Construction Contract Basics—Schedule

2020-01-29T09:32:51-06:00January 30th, 2020|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

Last week’s post on the Las Vegas Raiders’ stadium got me thinking about scheduling language in construction contracts.  Scheduling is a critically important piece of the construction contract puzzle, yet not all contracts contain firm schedules or even start dates.  This may be because the general contractor wants some flexibility as to when the work will start. But, for the subcontractor, an elusive start date can wreak havoc on its [...]

22 Jan, 2020

Scheduling on Construction Projects

2020-01-18T12:53:43-06:00January 22nd, 2020|Construction Contractor Advisor, Construction Contracts, Delay Damages|

The schedule on construction projects is often as important as the budget.  So, when I read an article that identifies significant problems with a project, but specifically notes that the general contractor says that the problems will not create any delays, I often wonder if the parties are being realistic.  I also wonder whether the subcontractors will be forced to work extra time to make up the schedule. ENR recently [...]

15 Jan, 2020

Construction Contract Basics—Scope of Work

2020-01-11T10:37:04-06:00January 15th, 2020|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Scope of Work|

This year, every other blog post will address common construction contract clauses. My hope is that my readers will either find the content a good refresher or provide a new understanding of common construction clauses.  Today, I’ll address the Scope of Work provision. Some contractors and construction attorneys would argue that the Scope of Work provision in the contract is the most important section because it defines what a contractor [...]

7 Jan, 2020

Terminated for Convenience—Now What?

2020-01-06T10:47:30-06:00January 7th, 2020|Construction Contractor Advisor, Construction Contracts, Termination|

Congratulations, you have just been awarded a big contract.  You have beaten out your competition and this project will show case your company’s talents and dedication to the industry.  You have mobilized your crew and you are ready to get to work.  Then you get the notice from the owner that the project is canceled, and you are terminated for convenience.  This is far from convenient for you, but what [...]

31 Dec, 2019

The Vagaries of Litigation

2019-12-30T07:30:19-06:00December 31st, 2019|Construction Contractor Advisor, Construction Litigation, Nebraska Construction Law|

Over the past few years, I’ve posted blogs about the Seattle Viaduct project and the problems Bertha, the tunnel-boring machine, ran into on the project.  Not surprisingly, the parties sued each other.  And, Big Bertha’s problems continued into the courtroom. As some of you may recall, Big Bertha was launched with much fanfare, then ran into a pipe and stopped working. The project was finally completed in February, 2019, three [...]

17 Dec, 2019

OSHA Inspections Continue to Rise

2019-12-14T12:28:58-06:00December 17th, 2019|Construction Contractor Advisor, Nebraska Construction Law, OSHA|

Earlier this month, OSHA released its final statistics for 2019 and they show a significant increase in the number of inspections.  But, OSHA also provided a record number of compliance training opportunities for employers. OSHA Inspections This past year, OSHA conducted 33,401 inspections addressing violations related to trenching, falls, chemical exposure, silica and other hazards. This is up nearly 1,400 from the previous year. OSHA Training OSHA also provided a [...]

10 Dec, 2019

What is a “Waiver of Subrogation” in Construction Contracts?

2019-12-07T12:15:51-06:00December 10th, 2019|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Subrogation|

Waiver of Subrogation clauses are contained in nearly every form construction contract.  Contractors sign them as a matter of course, but how often do you actually consider what it means to waive subrogation?  In this blog, we’ll discuss what subrogation is and why it’s usually a good idea to waive it. What is Subrogation? Legally speaking, subrogation is a concept that allows an insurance company that has paid a loss [...]

27 Nov, 2019

Happy Thanksgiving

2019-11-24T10:57:48-06:00November 27th, 2019|Construction Contractor Advisor|

I hope you and your family are enjoying some well earned time off this Thanksgiving. Today’s post provides me an opportunity to thank everyone who gave me ideas for the blog and I thank you for reading it. I’d also like to thank all of my construction clients from whom this blog is written.  I appreciate the opportunity to assist you with your construction projects.

22 Nov, 2019

A Bond is NOT Insurance

2019-11-22T09:23:13-06:00November 22nd, 2019|Bond Claims, Construction Contractor Advisor, Insurance coverage, Nebraska Construction Law|

There are fundamental differences between insurance and surety bonds and knowing the difference will help you avoid making mistakes, should claims arise.  This blog will discuss the differences between insurance and surety bonds. Insurance An insurance policy is a two party contract between an insurer and the insured.  The policy is intended to protect the insured.  The cost of insurance is calculated by the insurer based on how many claims [...]

14 Nov, 2019

What Can You Do to Get Paid on Your Project?

2019-11-13T18:47:44-06:00November 14th, 2019|Construction Contractor Advisor, Construction Contracts, Getting Paid|

Recently, I have had a number of conversations with contractors that are worried about getting paid on a project. Invariably, these contractors want to know what they can do to get what they are owed. Rarely is there an easy button to force these funds out of the owner or upstream contractor’s hands. And, a number of factors will figure into the analysis. A few things I would want to [...]

7 Nov, 2019

OSHA Top Ten Standard Violations for 2019

2019-11-11T14:58:08-06:00November 7th, 2019|Construction Contractor Advisor, OSHA|

OSHA’s fiscal year ended earlier this fall and OSHA published its annual Top Ten violations for 2019.  It is striking that the most common violations for this year are the same from last year and the Top five have not changed for 5 years.  Because the Top 10 represent the most frequently cited standards, they are a good place to start for employers to identify hazards in their workplace. Here is [...]

31 Oct, 2019

Personal Liability for Signing Payment Affidavits? Uh-oh.

2019-10-26T12:47:15-05:00October 31st, 2019|Construction Claims, Construction Contractor Advisor, Fraud|

Have you ever considered whether you could be held personally liable for signing company documents?  Maybe you should, especially if you know the documents are false. A recent case out of Ohio, Decker v. Wesex, is considering whether the CFO of a construction company can be held personally liable for falsifying affidavits that stated that the construction company was paying its subcontractors. In this case, Wesex was hired to build [...]

23 Oct, 2019

Construction Contracts—Considering the Long Game

2019-10-21T13:47:45-05:00October 23rd, 2019|Attorney Fees, Construction Contractor Advisor, Construction Contracts|

 A recent case out of Maryland ruled that a subcontractor must pay a general contractor $2,500,000 for construction defects arising out of a 2004 project.  Now, the case did take three years to wind its way through the courts, but would you be ready to defend even a 12-year-old claim?  Would you have kept the contract and documents related to the project?  Background This project involved the construction of a [...]

16 Oct, 2019

300,000+ Comments on DOL’s Apprenticeship Rule

2019-10-14T07:43:14-05:00October 16th, 2019|Apprenticeship Programs, Construction Contractor Advisor, Department of Labor|

The Department of Labor received more than 300,000 comments on it Proposed Apprenticeship Rule.  The vast majority of those comments were from the construction industry, and not surprisingly the trade unions and ABC and AGC are split on the issue. The Department of Labor issued its proposed regulations on June 25.  The proposed rules would establish a process through which industry groups could create industry related apprenticeship programs.  The DOL’s [...]

9 Oct, 2019

DOL Issues Final Overtime Regulations

2019-10-08T13:21:33-05:00October 9th, 2019|Construction Contractor Advisor, Exempt Employee, FLSA|

This post is provided by one of Lamson Dugan & Murray's Employment Law Attorneys, Eric Tiritilli. The U.S. Department of Labor (DOL) finally issued the overtime regulations, updating the salary thresholds for the white-collar exemptions, including executive, administrative, professional exemptions, and the highly compensated employee exemption under the Fair Labor Standards Act (FLSA). As you may recall, the DOL originally tried to increase the salary threshold under the Obama administration, [...]

2 Oct, 2019

Construction Law Lunch and Learn

2019-10-08T16:49:14-05:00October 2nd, 2019|Construction Contractor Advisor, Construction Lien, Latest News, Lien Waiver|

Construction Law Join us Wednesday October 30, 2019 at 11:30 a.m. for a discussion of Construction Liens and Lien Waivers: Protecting Your Right to Payment During this presentation, we will discuss: Steps to ensure that you are preparing and filing your liens correctly What to review for before you sign a lien waiver We look forward to seeing you on October 30th at 11:30 a.m. at the offices of Lamson [...]

20 Sep, 2019

The Cost of Project Labor Agreements

2019-09-20T08:46:16-05:00September 20th, 2019|Construction Contractor Advisor, PLA, Project Labor Agreement|

Last month a New Jersey contractor filed a lawsuit alleging that the requirement of a project labor agreement on the Scudder Falls Bridge cost the taxpayers of New Jersey and Pennsylvania over $70 million.  If the contractor prevails, it could be a major blow to the use of PLAs by government entities. Project labor agreements are often required on public works project to ensure that union contractors are selected for [...]

13 Sep, 2019

Do You Have Lien Rights under a Pay-if-Paid Contract?

2019-09-11T10:18:30-05:00September 13th, 2019|Construction Contractor Advisor, Construction Contracts, Construction Lien, Pay-if-Paid|

How often do you review the payment terms of a contract with an eye toward whether you are waiving lien rights under that contract? This is something you should consider if your contract contains a pay-if-paid clause. I am often times asked about the difference between a pay-when-paid and pay-if-paid clause. The real difference is that a pay-when-paid clause simply allows a contractor a reasonable amount of time by which [...]

6 Sep, 2019

Can a General Contractor Be Liable for a Subcontractor’s Employee’s Injury?

2019-09-05T09:08:32-05:00September 6th, 2019|Construction Contractor Advisor, Nebraska Construction Law, Risk Management|

The short answer is maybe.  Nebraska courts have long held that a general contractor can be held liable for a subcontractor’s employee’s injury, but only if the general contractor exercises significant control over both the worksite and the subcontractor.  The question becomes whether the general contractor’s conduct demonstrates this control. A general contractor that retains control over a subcontractor’s work has a duty to use reasonable care to prevent injuries [...]

30 Aug, 2019

Musicians and Ballerinas Helping the Construction Industry

2019-09-03T10:07:37-05:00August 30th, 2019|Construction Contractor Advisor, Union Activity, Worksite Control|

It's not often you can say that musicians and ballerinas helped clarify the rules around access to a job-site or workplace. But, it happened earlier this month.  The National Labor Relations Board (“NLRB”) recently clarified that a property owner could exclude off-duty contractor employees from handing out leaflets on its property unless the off-duty employees worked regularly and exclusively on the property and there was no other reasonable alternative means [...]

22 Aug, 2019

Filing Your Construction Lien on Time

2019-08-19T14:46:36-05:00August 22nd, 2019|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

As we have discussed in other blog posts, filing a construction lien on time is critical to preserving your claim. If you file a construction lien in Nebraska outside of the 120-day window, your lien will be invalid. This past week, we filed a construction lien electronically in Douglas County.  This means that we submitted the lien on-line and waited for a Douglas County employee to review the lien and [...]

16 Aug, 2019

Will You Get Paid for Delays? No Damage for Delay Clauses Say No. 

2019-08-16T14:47:48-05:00August 16th, 2019|Construction Contractor Advisor, Nebraska Construction Law, No-damage-for-delay|

No-damage-for-delay Clauses are commonplace in construction contracts.  But, have you ever read one and wondered if they are enforceable?  Courts across the country have consistently enforced them and these clauses will severely limit your ability to recover damages caused by delays, even if the delays were not caused by you. What is a No Damage for Delay Clause A no-damage-for-delay clause is just that, a clause that explains that if [...]

9 Aug, 2019

The Bleak Future of Multiemployer Plans

2019-08-14T14:40:30-05:00August 9th, 2019|Construction Contractor Advisor, Multiemployer Plans, Withdrawal Liability|

The Pension Benefit Guaranty Corporation, the federal agency that oversees multiemployer benefit plans, issued its annual Projection Report earlier this month.  And, the outlook is bleak.  The agency is estimating that its insurance program will be insolvent in 2025 unless Congress provides substantial funding. The PBGC oversees multiemployer plans that cover approximately 10 million employees.  Of the multiemployer plans covered by the PBGC, about 58% are unionized, while the remaining [...]

1 Aug, 2019

Waiving Goodbye to Liquidated Damages

2019-08-01T09:37:40-05:00August 1st, 2019|Construction Contractor Advisor, Construction Contracts, Liquidated Damages, Nebraska Construction|

Construction contracts often contain liquidated damage provisions, requiring a contractor to pay a set amount for each day the project is delayed.  But, as the Nebraska Supreme Court recently ruled, in U.S. Pipeline v Northern Natural Gas, an owner can waive liquidated damages where its actions induce the belief that the owner intended to waive liquidated damages. In this case, the parties agreed that the work would be done in [...]

24 Jul, 2019

Your Final Pay Application IS Your Final Pay Application

2019-07-23T08:30:19-05:00July 24th, 2019|Construction Contractor Advisor, Pay Application|

As the project is winding down, it is crucial that you include all remaining claims in your final pay application.  A recent Nebraska Court of Appeals decision drove this point home when it ruled that a contractor was not entitled to additional compensation it requested after submitting its final pay application. In ARR Roofing, LLC v. Nebraska Furniture Mart, Inc., ARR Roofing was hired to replace the roof and decking [...]

19 Jul, 2019

What Is the Work?

2019-07-23T07:45:14-05:00July 19th, 2019|Construction Contractor Advisor, Construction Contracts|

When you review a construction contract, are you also reviewing the description of the Work that you’ll be doing?  I mean, are you really looking at that section to make sure that it accurately describes what you will be doing, and perhaps more importantly, it identifies Work that you will not be doing?  I recommend that you spend a few extra minutes with your contracts to make sure the Work [...]

9 Jul, 2019

Construction Project Problems–Who has to Pay for It?

2019-07-01T08:51:00-05:00July 9th, 2019|Construction Claims, Construction Contractor Advisor, Construction Contracts|

I often harp on the importance of having an experienced construction attorney review your construction contracts.  A recent situation at Dartmouth College emphasized the importance of anticipating the unexpected when reviewing your construction contracts. Dartmouth is building a new $200 million engineering school, with a 340 vehicle underground parking garage. The first step was to dig a 70-foot-deep hole for the 160,000 square foot building.  The problem is that the [...]

2 Jul, 2019

Nebraska Construction Liens–How long do they last?

2019-06-29T11:18:30-05:00July 2nd, 2019|Construction Contractor Advisor, Construction Lien|

This is a continuation of the series of blogs on preserving your rights to get paid on a construction project.  The most effective tool you have to get paid is by filing a construction lien.  But, there’s a lot to consider before you file that lien.  This blog will cover how long your lien will last once it is filed. The Nebraska Construction Lien Act provides that your lien will [...]

27 Jun, 2019

ICE Inspections—Get Prepared Now

2019-06-24T07:25:03-05:00June 27th, 2019|Construction Contractor Advisor, I-9 Audit, ICE|

Immigration and Customs Enforcement (ICE) is responsible for enforcing U.S. immigration laws, including auditing how employers are completing I-9 forms.  ICE conducted nearly 6,000 I-9 audits in 2018, nearly five times more than in 2017.  It’s time you get ready for an ICE audit by auditing your own I-9 policies and procedures. Below are some proactive steps to prepare for an ICE audit. Confirm you have I-9s for Every Employee [...]

25 Jun, 2019

Bond Claims on Public Projects–Getting it Right

2019-06-22T08:48:19-05:00June 25th, 2019|Bond Claims, Construction Contractor Advisor|

Ever get that sinking feeling on a public project that you might not get paid?  The good news is that in Nebraska, general contractors working on a project in excess of $15,000, must file a bond on the project.  This blog will address how to make a proper claim on the bond. The process for making a bond claim is found in section 52-118.01 Neb.Rev.Stat.  The process and time frame [...]

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 [...]

13 Jun, 2019

New Cannabis Laws Make Employer’s Obligations Hazy

2019-06-12T07:11:13-05:00June 13th, 2019|Construction Contractor Advisor, Drug Free Workplace, Employment Policies|

Cannabis laws are popping up around the country and are impacting the way employers select employees.  Take Illinois for example—it is now legal to possess and consume cannabis in Illinois, but employers can still maintain their zero tolerance policies, with certain significant limitations. Zero Tolerance Employers may still prohibit employees from using cannabis while they are working, but employers can no longer decline to hire, discharge, or take other adverse [...]

11 Jun, 2019

Construction Payments Held in Trust—Another Tool to Pursue Payment

2019-06-10T11:05:33-05:00June 11th, 2019|Construction Contractor Advisor, Construction Contracts, Trust Fund|

Construction contracts often require contractors to receive and hold payments in trust for the benefit of paying labor and materials furnished on a project.  The purpose of the trust is to protect downstream contractors and suppliers from the risk of nonpayment of their claims against a financially distressed contractor. Trust Contract Provision A typical trust provision provides: All sums received by Contractor under this Contract are received by Contractor in [...]

6 Jun, 2019

Bargaining for an Arbitrator’s Decision–Know what you are getting

2019-06-04T13:48:37-05:00June 6th, 2019|Arbitration, Construction Contractor Advisor, Limitation of Liability|

Construction contracts have often included arbitration clauses and they can serve a good purpose of expediting resolution. But, what happens if the arbitrator gets it wrong? Your options are limited, and as one court stated: the parties bargained for an arbitrator’s decision; if the arbitrator got it wrong, then that was part of the bargain A recent case out of the Eight Circuit Court of Appeals (covering Arkansas, Iowa, Minnesota, [...]

4 Jun, 2019

Additional Insured and Indemnification—Why have both?

2019-06-01T08:17:10-05:00June 4th, 2019|Additional insured coverage, Construction Contractor Advisor, Indemnity clauses|

Construction contracts typically require a subordinate contractor, either the general contractor subordinate to the owner or subcontractor subordinate to the general contractor, to list the upstream party as an additional insured and require the subordinate party to indemnify the upstream party for any claims or damages on the project.  The goal of these two provisions is to shift the risk of liability for injuries sustained by a subordinate party's employees [...]

30 May, 2019

Your Contract is a Hodgepodge of Conflicting Proposals

2019-05-26T19:32:25-05:00May 30th, 2019|Construction Contractor Advisor, Construction Contracts|

Ouch.  That’s what a New York judge called a contract to remediate petroleum contamination at 47 gas stations.  Sometimes, it’s hard to believe the contracts that get signed. In this case, Environmental Risk hired subcontractor Science Applications to remediate petroleum contamination at 47 gas stations.  Environmental Risk first required its subcontractor to sign a Professional Services Master Agreement.  Environmental Risk then required its subcontractor to sign three separate, but basically identical, [...]

28 May, 2019

Dinosaur Bones Discovered on Work Site—What?

2019-05-23T08:15:31-05:00May 28th, 2019|Construction Contractor Advisor, Construction Contracts, Delay Damages|

What if you came across dinosaur bones on the work site like they did on a project in Denver, Colorado?  Would you get extra time to complete the work?  What does the construction contract allow? Let’s play out that scenario. You reach out to your local construction lawyer and inform him that your project has been delayed because you came across dinosaur bones.  After he stops giggling about the situation, [...]

23 May, 2019

Construction Litigation—Battles on Many Fronts

2019-05-21T08:19:55-05:00May 23rd, 2019|Construction Contractor Advisor, Construction Litigation, Insurance coverage|

When you are involved in construction litigation, you have battles on several fronts, including those against subcontractors, owners, insurers and the court.  Shoring up your defenses on each of these fronts is imperative, or you may lose the battle or, worse yet, the war. An opinion out of the Eleventh Circuit Court of Appeals (overseeing federal courts in Alabama, Florida and Georgia) Carithers v. Mid-Continent Casualty Company, illustrates the various [...]

21 May, 2019

Responsible Contractor Reform–a Wolf in Sheep’s Clothing

2019-05-14T17:18:58-05:00May 21st, 2019|Construction Contractor Advisor, Merit Shop|

Employers in the construction industry have long known the value of apprentice programs, such as those offered by Associated Builders and Contractors.  But, did you know that having or participating in a qualified apprentice program may become a requirement to bid on government projects?  If organized labor gets it way through the so-called Responsible Contractor Reforms, it could happen. Supplemental Conditions, a construction blog worth reading, recently posted an article on [...]

16 May, 2019

Never Underestimate the Importance of Contract Language

2019-05-11T09:00:03-05:00May 16th, 2019|Construction Contractor Advisor, Construction Contracts|

A recent article in ENR described the setbacks associated with a public rail project.  There are problems with the schedule, concrete quality, including precast girders , panels and rail ties, and allegations of fraud.  In a nutshell--a mess.  But, I wonder if there are contract provisions that address these problems.  Below are some problems on the project and my thoughts on contract provisions. Schedule. The article mentions that the general [...]