Latest News

18 Nov, 2020

Workplace Safety–the Unpreventable Employee Misconduct Defense

2020-11-14T10:08:22-06:00November 18th, 2020|Construction Contractor Advisor, OSHA|

Just because an employee gets hurt on the job does not mean you are facing an OSHA penalty.  Employers have a defense to an OSHA citation when the violation of a safety rule was due to unpreventable employee misconduct. However, proving this defense requires substantial planning, well before an incident or investigation. Unpreventable Employee Misconduct Defense OSHA requires that an employer do everything reasonably within its power to ensure that [...]

12 Nov, 2020

So You’ve Got A Construction Lien, Now What?

2020-11-12T10:30:43-06:00November 12th, 2020|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

Contractors sometime believe that once the lien is filed, they are home free for getting paid.  Unfortunately, that is often not the case.  There are always concerns about whether the owner has sufficient funds to pay the contractor and subcontractors.  Obviously, that is why the lien was filed.  There are also concerns about whether there is any equity in the property to satisfy the liens.  But, even if you file [...]

4 Nov, 2020

Arbitration versus Litigation

2020-10-31T11:08:55-05:00November 4th, 2020|Arbitration, Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

Construction contracts often contain an arbitration or litigation provision.  While each forum has its advantages, a question often times overlooked is whether an arbitration provision is enforceable. Litigation is the Default Litigation is the default method of dispute resolution.  This is not to say that litigation is the best way to resolve a case.  But unless the contract contains an enforceable arbitration agreement, the parties will have to take their [...]

7 Oct, 2020

Executive Order Requires Government Contractors to Review Employee Training

2020-10-03T11:27:48-05:00October 7th, 2020|Construction Contractor Advisor, Executive Order, Federal Construction Projects, Government Contracting|

On September 22, 2020, President Trump issued an executive order entitled Combatting Race and Sex Stereotyping.  The Executive Order requires contractors to review the anti-harassment training they provide to their employees and include additional language in their subcontracts. The Purpose of the Executive Order The express purpose of the Executive Order is to combat “misrepresentations of our country’s history and its role in the world.”  According to the EO, these [...]

30 Sep, 2020

Change Order Best Practices—Document the Request

2020-09-26T11:29:24-05:00September 30th, 2020|Change Orders, Construction Contractor Advisor, Construction Contracts|

You know the situation, the project manager or superintendent just cornered you on the job site and told you that he needs some extra work.  But, what you do next may very well make the difference on whether you get paid for that extra work. Document the Conversation The first thing you should do is confirm the conversation in an e-mail to the project superintendent or whomever is your point [...]

23 Sep, 2020

Should you Update your Construction Contracts after COVID?

2020-09-12T11:50:59-05:00September 23rd, 2020|Construction Contractor Advisor, Construction Contracts, Construction Law, COVID Construction|

There are few, if any, construction projects that were not impacted by COVID-19.  Now that we have all dealt with these impacts, it’s time to look ahead and determine if your construction contracts should be updated to address these impacts. Below are some provisions that you should review to address future COVID type situations. Notice Provisions Delivery of notices is a critical obligation under construction contracts. But, what if the [...]

16 Sep, 2020

Damages for Delays and Disruptions on the Project—How do you recover them?

2020-09-12T11:20:37-05:00September 16th, 2020|Construction Contractor Advisor, Construction Damages, Construction Delays, Delay Damages|

Construction projects around the country are experiencing delays.  These delays can lead to extended general conditions, idle labor and equipment costs, material cost escalation, and de-mobilization and re-mobilization costs.  But, how do you recover those damages? Notice The first step to recovering delay damages is to provide notice. But, your notice has to be timely and it has to follow the requirements of the contract.  So, review the contract and [...]

9 Sep, 2020

How Not to Use a PPP Loan!!

2020-09-02T07:28:13-05:00September 9th, 2020|Construction Contractor Advisor, Construction Law, Fraud|

The U.S. Attorney for Minnesota recently indicted a contractor for defrauding the Paycheck Protection Program ("PPP").  Given the broad uses of PPP loans, this contractor went pretty far out of bounds to get himself indicted. The U.S. Attorney’s press release explained the underlying allegations. Strike One: The contractor applied for a PPP loan well after his construction company had stopped operation. Strike Two: The contractor submitted false employee and expense [...]

3 Sep, 2020

What Does it Mean to Incorporate the Prime Contract?

2020-09-02T07:23:53-05:00September 3rd, 2020|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

How often have you read that the terms of the prime contract are incorporated into the subcontract?  If you read your subcontracts, you’ve probably seen that language in every contract over the last 10 years. But, what does that mean?  It means you are bound by the terms of the prime contract, even if you haven’t seen it. Contract Language Most construction subcontracts incorporate the prime or upstream contact.  A [...]

26 Aug, 2020

The Economics of Litigation Must Make Sense

2020-08-22T09:11:28-05:00August 26th, 2020|Construction Contractor Advisor, Construction Litigation, Nebraska Construction Law|

Much as the economics of a construction project must make sense, the same is true when you are considering litigation.  The costs associated with litigation must be considered in light of the potential recovery.  A recent decision from the Nebraska Court of Appeals drove this point home. The case, Scheichinger v Swain Construction, involved the sale of a skid loader and a claim that Swain Construction misrepresented the number of [...]

12 Aug, 2020

Why You Need an I-9 Audit

2020-08-10T08:42:47-05:00August 12th, 2020|Construction Contractor Advisor, Form I-9, I-9 Audit, ICE|

As you all know, you must complete an I-9 for all new hires.  And, as of last May, you should be using the most recent I-9 form.  The U.S. Department of Homeland Security’s Immigration Customs and Enforcement (ICE) takes I-9’s very seriously and while I-9s are not difficult to complete, the penalties for not having them completed properly can be significant. If ICE decides to audit you, you will first [...]

5 Aug, 2020

FIGG Bridge–Debarred for 10 Years?

2020-08-04T07:34:32-05:00August 5th, 2020|Construction Contractor Advisor, Debarred, Federal Construction Projects|

The Department of Transportation’s Federal Highway Administration (FHWA) suspended FIGG Bridge Engineers, Inc. from participating in any federally funded projects and has proposed a 10-year debarment, which would bar FIGG from performing work on any federally funded or assisted projects. The FHWA decision to bar FIGG is based on FIGG’s involvement with the 2018 pedestrian bridge collapse at Florida International University’s campus.  As you may recall, the collapse killed six [...]

29 Jul, 2020

OSHA—More COVID Updates

2020-07-25T09:33:24-05:00July 29th, 2020|Construction Contractor Advisor, COVID-19, OSHA|

OSHA has issued new Frequently Asked Questions addressing when an employer must report work-related cases of COVID-19.  Unfortunately, the FAQs seem contrary to the 24-hour hospitalization rule. As you likely know, section 1904.39(b)(6) requires employers to report an inpatient hospitalization only if the hospital admission occurs within 24 hours of a work-related incident.  Applying this to COVID, if an employee is exposed at work and then goes to the hospital within [...]

22 Jul, 2020

Federal Contractors—Are your EEO and AA policies in place?

2020-07-17T13:14:00-05:00July 22nd, 2020|Affirmative Action Plan, Construction Contractor Advisor, EEO Policy, Office of Federal Contract Compliance Programs (OFCCP)|

If you are a federal contractor, you probably have equal employment opportunity (“EEO”) and affirmative action (“AA”) plans in place.  But if you are scratching your head and wondering if you have implemented these policies, perhaps it’s time to contact your local construction attorney and get some help drafting and implementing these policies. Who Needs an EEO and AA Plan? Any contractor who does more than $10,000 of government contract [...]

15 Jul, 2020

Buy-Sell Agreements-An Important Tool for your Construction Company

2020-07-11T09:40:10-05:00July 15th, 2020|Construction Contractor Advisor, Corporate Formalities|

Having a well drafted Buy-Sell Agreement is as important as having the right tool for the job. A recent Nebraska Supreme Court opinion serves as a reminder of this fact or you could spend thousands of dollars and years litigating about rights and interests in the company. This case involved three individuals who owned a construction company in Kearney, Nebraska.  The majority shareholder passed away in 2015 and the deceased’s [...]

24 Jun, 2020

Take-Out Food and the First COVID-19 Force Majeure Opinion

2020-06-20T11:27:32-05:00June 24th, 2020|Construction Contractor Advisor, COVID Bankruptcy, COVID-19, Force Majeure|

An Illinois bankruptcy court was the first court in the country to issue an opinion on how a force majeure clause in a commercial lease would be applied to the COVID-19 pandemic.  Not surprisingly, the language of the underlying force majeure clause and the Illinois’ Governor’s executive order played critical roles in the court’s analysis.  As it turned out, take-out food saved the contract. The case involved a restaurant that [...]

17 Jun, 2020

Shoddy Construction Work – Is it covered by your CGL?

2020-06-13T10:31:54-05:00June 17th, 2020|Commercial General Liability (CGL), Construction Contractor Advisor|

A recent 8th Circuit Court of Appeals case, applying Missouri law, reminds us that shoddy workmanship may not be covered by your commercial general liability insurance.  This also means that if an owner claims your faulty workmanship caused problems on the project, you may have to pay those damages out of your own pocket, not the insurers. In this case, American Family Mutual Insurance Co., S.I. v. Mid-American Grain Distributors, [...]

10 Jun, 2020

Liquidated Damages—They Must have a Reasonable Basis

2020-06-06T09:35:00-05:00June 10th, 2020|Construction Contractor Advisor, Liquidated Damages, Nebraska Construction Law|

A recent case out of Pennsylvania refused to allow an owner to assess liquidated damages for project delay.  This case serves as a reminder that if you are including liquidated damages in your construction contract, there must be some reasonable basis for the amount of liquidated damages. In this case, D.A. Nolt v. The Phila. Mun. Auth., the City of Philadelphia sought to enforce a $10,000 per day liquidated damages [...]

3 Jun, 2020

Indemnity Obligations in the Age of COVID-19

2020-05-30T10:12:42-05:00June 3rd, 2020|Construction Contractor Advisor, COVID-19, Indemnity clauses, Nebraska Construction Law|

COVID-19 has created chaos in the construction world.  One of the biggest problems is staffing projects to meet deadlines on the project.  But, what if your company is hit with a COVID-19 outbreak and you cannot staff the job?  Have you already agreed to indemnify the upstream contractor or owner for any damages stemming from a COVID-19 outbreak?  We recommend reviewing your indemnity obligations to determine your risk and the [...]

27 May, 2020

Best Practices in Dealing with COVID-19

2020-05-25T08:53:38-05:00May 27th, 2020|Best Practices, Construction Contractor Advisor, COVID Construction, Nebraska Construction Law|

We have all been dealing with the impact of COVID-19, but the situation becomes more personal when one of our own employees reports that he or she is suffering from COVID-19 symptoms.  And, with all the guidance out there, it may be difficult to figure out exactly what to do. We sifted through the various CDC guidance and other governmental regulations on this and compiled these best practices on responding [...]

20 May, 2020

Sending Employees Home to Avoid Catching COVID-19? Remember Your ADA Obligations.  

2020-05-20T16:36:38-05:00May 20th, 2020|ADA, Americans with Disabilities Act, Construction Contractor Advisor, COVID Construction, COVID Employment, COVID-19|

Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time.  The EEOC has reminded employers of their obligations, even during the COVID-19 pandemic, to comply with federal anti-discrimination laws including the Americans With Disabilities Act. Recently, the EEOC provided guidance that appeared to allow employers [...]

12 May, 2020

New I-9 Forms—Are you using them?  You should be.

2020-05-09T08:17:46-05:00May 12th, 2020|Construction Contractor Advisor, Form I-9, I-9 Audit|

With everything else going on this Spring, employers may have forgotten that they need to start using the new Form I-9.  You can find a copy of the new Form I-9 here.  This new form, which was published in January, 2020, went into effect on May 1, 2020 and employers should not use the older versions from this point on. Below are some answers to questions we’ve been receiving about [...]

6 May, 2020

OSHA Relaxes Compliance Obligations

2020-05-02T08:53:31-05:00May 6th, 2020|Construction Contractor Advisor, OSHA|

Recognizing the difficulties employers are facing during the ongoing pandemic, the Occupational Safety and Health Administration (“OSHA”) released an enforcement memo, entitled “Discretion in Enforcement when Considering an Employer’s Good Faith Efforts during the Coronavirus Disease 2019 (COVID-19) Pandemic.”  This guidance relaxes enforcement for failures to provide annual training or conduct other routine audits due to COVID-19. In the memo, OSHA stated that during an inspection, Compliance Officers should evaluate [...]

29 Apr, 2020

You’ve Received COVID-19 Notice of Delay—Now What?

2020-04-25T09:20:09-05:00April 29th, 2020|Construction Contractor Advisor, Construction Delays, Nebraska Construction|

The coronavirus is interrupting life as we know it, including construction projects.  Throughout the country, contractors are issuing notices of schedule delays and how you respond to such a notice will be crucial to protecting your rights under your contract.  Here are some topics to consider when reviewing a notice of delay. Review the Entire Notice This may seem obvious, but dig into the notice to fully understand the basis [...]

22 Apr, 2020

Construction—The Top Industry Receiving PPP Loans

2020-04-18T08:17:40-05:00April 22nd, 2020|Construction Contractor Advisor, Construction Industry, Nebraska Construction|

As you have likely heard, the Paycheck Protection Program (PPP) funds have run out.  While Congress battles about how to add more funds to the PPP, the Small Business Administration has released the specifics about the number of businesses that received loans, the industries and locations. In a nutshell, the SBA approved 1,661,367 loans from 4,975 lenders.  The average size of the loans was $206,000 and about 75% were for [...]

15 Apr, 2020

Construction Work—Is it an Essential Activity in your Jurisdiction?

2020-04-11T08:15:10-05:00April 15th, 2020|Construction Activity, Construction Contractor Advisor, Construction Economy, COVID Construction, COVID-19|

Shelter in place orders abound throughout the country, yet construction continues to march on.  As we continue to deal with the impact of COVID-19, it’s important that you know whether your construction work is considered essential.  Your local government, state, county and city, may have established guidelines which will impact your operations. For example, Nebraska has “requested” that everyone stay at home and social distance at work.  Construction projects are [...]

8 Apr, 2020

Construction Site Safety–Striking a Balance with COVID-19

2020-04-07T17:22:09-05:00April 8th, 2020|Construction Contractor Advisor, COVID Workers' Compensation|

Construction projects are still humming along in the Midwest.  But, this is only happening with construction companies making adjustments to their daily operations to protect employee safety.  Here are a few measures the industry is taking to minimize the risk of COVID-19 to employees. AGC is recommending a nationwide Safety Stand-Down ABC is recommending Covid-19 based Tool Box Talks; alcohol-based hand sanitizer and wash stations throughout the worksite; requiring and [...]

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 [...]

Go to Top