Construction Contractor Advisor - Page 5 of 10 - Lamson Dugan & Murray LLP

13 Apr, 2015

OSHA Penalties—What Happened with International Nutrition

Craig Martin2018-04-23T23:55:11-05:00April 13th, 2015|Construction Contractor Advisor|

For those of you in and around Omaha, you recall the tragic collapse of International Nutrition’s plant in early 2014, killing two workers and injuring several others. OSHA swept onto the scene and issued citations. Surprisingly, the penalties totaled only $120,000. While a large sum, one would think two deaths and a score of injuries would generate a larger fine. International Nutrition appealed the penalties and they have now been [...]

6 Apr, 2015

Employee Handbooks—Your First Line of Defense

Craig Martin2018-04-23T23:55:11-05:00April 6th, 2015|Construction Contractor Advisor, Employee Handbook|

This spring has been busy with questions about employee handbooks. Perhaps it is because the NLRB just issued a directive on the legality of various clauses usually contained in handbooks. Or perhaps it’s because employers, including construction companies, are realizing the importance that handbooks play in defending against claims of harassment. Employee Handbooks Are Important Employee handbooks are an employer’s first line of defense in claims of harassment. A [...]

30 Mar, 2015

Demanding A Reduction in Retainage

Craig Martin2018-04-23T23:55:11-05:00March 30th, 2015|Construction Contractor Advisor, Nebraska Prompt Pay Act|

One of the attendees of the Goldleaf Surety presentation asked a great question about reducing retention under the Nebraska Construction Prompt Pay Act, Nebraska Revised Statutes, 45-1201-45-1211. He wanted to know whether there was any way to reduce and recover retainage during the project. The short answer is retainage should be reduced half way through the project, but there is no right to recover retainge for work performed during the [...]

24 Mar, 2015

Des Moines Divides the House: Files suit against rural drainage districts

Sean Minahan2018-04-23T18:22:20-05:00March 24th, 2015|Construction Contractor Advisor, Midwest Agricultural Law|

As previously reported in A House Divided, Des Moines claims its water supply has been polluted by excessive nitrogen from farm runoff drained through the rural tiling systems. Des Moines' threat to sue neighboring rural drainage districts for failing to prevent the pollution of Des Moines water supply is no longer idle. On March 16, 2015 Des Moines filed suit against the board of supervisors of Sac County, Calhoun County [...]

23 Mar, 2015

Improper Classification Under Davis Bacon Can Be Costly

Craig Martin2018-04-23T23:55:11-05:00March 23rd, 2015|Construction Contractor Advisor, Davis Bacon Act|

The Department of Labor announced late last year that it had recovered nearly $2 million in back wages and fringe benefits from a subcontractor that provided constructions services at the federally funded Crescent Dunes Solar Energy Project in the Nevada desert. This was not a failure to pay Davis Bacon wages, but a failure to properly classify laborers on the project. The DOL determined that the laborers should have been [...]

17 Mar, 2015

Submitting Claims on Government Projects Can Be Tricky

Craig Martin2018-04-23T23:55:11-05:00March 17th, 2015|Construction Contractor Advisor, Government Contracting|

The Federal Circuit Court of Appeals opinion in K-Con Building Systems, Inc. v. United States illustrates the difficulties a contractor may face when pursuing a claim before a Contracting Officer. After nearly 10 years of litigation, the court found that the contractor’s claim to the Contracting Officer did not contain enough detail to allow the claim to proceed. That’s a lot of time and resources wasted on a claim that [...]

8 Mar, 2015

Pay-if-Paid Clauses, Nasty, but Enforceable

Craig Martin2018-04-23T23:55:11-05:00March 8th, 2015|Construction Contractor Advisor, Construction Contracts|

I am preparing for a presentation this week on Troublesome Contract Clauses to the Construction Specifications Institute (“CSI”), Nebraska Chapter. One of the clauses we will be discussing is the dreaded Pay-if-Paid clause, a particularly nasty provision that places the risk of owner's solvency squarely on the subcontractor's shoulders. While pay-if-paid clauses can create tremendous problems for subcontractors, they are enforceable. Pay-if-Paid clauses eliminate the obligation to pay the subcontractor [...]

6 Mar, 2015

A House Divided: Urban Iowa Threatening to Sue Rural Iowa for Farm Runoff

Sean Minahan2018-04-23T18:22:20-05:00March 6th, 2015|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Water Law|

Dividing the House "A house divided against itself cannot stand." Abraham Lincoln quoted this indisputable truth in reference to the issue of slavery. Although unlikely to lead to civil war, the debate between urban water use and rural land use is an ever increasing concern. The issue has come to head in Iowa and may be fought in court. The city of Des Moines plans to file [...]

1 Mar, 2015

Can General Contractors Make Subcontractors Pay for OSHA Violations?

Craig Martin2018-04-23T23:55:11-05:00March 1st, 2015|Construction Contractor Advisor, OSHA|

OSHA has long held the opinion that general contractors may be held liable for subcontractor’s OSHA violations and the Eighth Circuit Court of Appeals, overseeing the Midwest, has agreed since 2009. To combat this risk, general contractors would be well served to incorporate targeted indemnity provisions into their subcontracts that require subcontractors to pay for all claims and costs associated with subcontractor caused OSHA violations. OSHA’s Multi-Employer Policy OSHA’s Multi-Employer [...]

22 Feb, 2015

How Long is Your Construction Warranty?

Craig Martin2018-04-23T23:55:11-05:00February 22nd, 2015|Construction Contractor Advisor, Nebraska Construction|

The Nebraska Court of Appeals threw a wrench into the calculation of your warranty earlier this year in Adams v. Manchester Park, LLC and Southfork Homes, Inc. In that case, the court found that the statute of limitations for a warranty claim started running after the homebuilder’s warranty expired. So, the four year breach of warranty statute of limitations did not begin until after the one year homebuilder warranty expired. [...]

15 Feb, 2015

Preserving Your Construction Claim

Craig Martin2018-04-23T23:55:11-05:00February 15th, 2015|Construction Claims, Construction Contractor Advisor|

A recent article in the Construction Executive discussed the importance of preserving your claim, both in terms of timeliness of submitting your claim and making sure that you aren't waiving portions of your claim when executing releases. These are all excellent points and bear some follow-up. Timing Your Claim I often review construction contracts that contain deadlines by which claims must be submitted. It may seem counter intuitive to think [...]

12 Feb, 2015

Court Finds Manure Not So Refreshing and May Be Subject to Resource Conservation and Recovery Act

Sean Minahan2018-04-23T18:22:20-05:00February 12th, 2015|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law, Property Rights|

According to the Seinfeld character George Costanza; "If you consider the other choices "manure" is actually pretty refreshing." Seinfeld - My Boyfriend - YouTube. Well, a Washington Federal Court disagrees; meaning dairy and other livestock operations may have to re-analyze their manure management practices. In Community Association for Restoration of the Environment (CARE) v. Cow Palace, LLC, et al, the United States District Court for the Eastern District of Washington ruled [...]

11 Feb, 2015

Beware of Statutory Limits on Change Orders

Craig Martin2018-04-23T23:55:11-05:00February 11th, 2015|Construction Contractor Advisor, Public Contracts|

While change orders are always part of construction projects, it’s important to know whether a public agency is limited on how much it can increase the scope of the work through change orders. A contractor in Virginia found out the hard way that the state agency did not have the authority to increase the scope of the project and thus the contractor could not collect for the extra work. In [...]

8 Feb, 2015

Top 10 Lessons Learned from a Construction Attorney

Craig Martin2018-04-23T23:55:11-05:00February 8th, 2015|Best Practices, Construction Contractor Advisor|

I have had the pleasure of working with Cordell Parvin, who in his earlier career was a preeminent construction attorney, and now coaches attorneys. Cordell has shared countless construction guides and presentations with me over the years, for which I am extremely grateful. Below is Cordell's Lesson's Learned list, that is as true today as when he drafted it years ago. Contracts and owners are not all alike. Some are [...]

5 Feb, 2015

Improvements to AIA Contracts?

Craig Martin2018-04-23T23:55:11-05:00February 5th, 2015|AIA Contracts, Construction Contractor Advisor|

Joel Sciascia, general counsel for the construction management company Pavarini McGovern, made some insightful comments in the Viewpoint section of the latest Engineering News Record magazine. He argues that architects should not be the initial decision maker (“IDM”) under AIA contracts. Instead of using the architect, Mr. Sciascia suggests the use of an independent dispute-resolution board. In 2007, the AIA introduced a new concept into the A-201 documents through which the owner [...]

3 Feb, 2015

The Insurance Coverage Debate on Construction Defects Continues

Craig Martin2018-04-23T23:55:11-05:00February 3rd, 2015|Construction Contractor Advisor, Insurance coverage|

New Hampshire is the first court of 2015 to weigh in on construction defect coverage issues. The case, Cogswell Farm Condominium Association v. Tower Group, involved a typical situation. Lemery Building Company was hired to build 24 residential condominium units. After construction, the condominium association sued the builder asserting that the weather barrier, including the water/ice shield, flashing, siding, and vapor barrier, was defectively constructed and resulted in damage to [...]

29 Jan, 2015

Why I Love Being Your Construction Attorney

Craig Martin2018-04-23T23:55:11-05:00January 29th, 2015|Construction Contractor Advisor, Construction Law|

I love working as a construction attorney because I get to work with clients who love what they do. As a construction attorney, I have the privilege of working with individuals who have taken their passion, created a business, and are striving for success. These individuals, that love the trade, love the work, but hate the legal red tape, are the reason I love doing what I do. I was [...]

23 Jan, 2015

Construction Law Seminar–Free

Craig Martin2018-04-23T23:55:11-05:00January 23rd, 2015|Construction Contractor Advisor, Construction Law|

SAVE THE DATE Tuesday, March 10, 2015 Best Practices in Construction Seminar La Vista Conference Center 12520 Westport Parkway, La Vista, Nebraska‎ Goldleaf Surety is sponsoring a seminar on Construction Best Practices. I will be presenting on the following topics: Lien Claims in Nebraska and Iowa Filing a lien may prove to be one of your best protections to get paid. But, doing it right is crucial to getting paid. During [...]

19 Jan, 2015

The Future Looks Bright for Construction in 2015

Craig Martin2018-04-23T23:55:12-05:00January 19th, 2015|Construction Contractor Advisor, Construction Economy|

Associated Builders and Contractors’ Construction Executive has painted a rosy outlook for the upcoming year. ABC’s Chief Economist predicts a 7.4 percent increase in total nonresidential spending for 2015. This is great news for a construction industry that has climbing out of the recession through fits and starts over the last several months. Perhaps the most telling statistic was ABC’s Construction Backlog Indicator, which reached an all time high in [...]

13 Jan, 2015

Nebraska’s Prompt Pay Act for 2015

Craig Martin2018-04-23T23:55:12-05:00January 13th, 2015|Construction Contractor Advisor, Prompt Pay Act|

Continuing with our theme of Ready for 2015, this blog serves as a reminder of your rights and obligations under Nebraska’s Prompt Pay Act, Neb. Rev. Stat. §§ 45-1201-1211. As you may recall, Nebraska’s legislature amended the Prompt Pay Act in 2014. The most significant changes are highlighted below. Attorney’s Fees May be Recovered. The most significant change in the Prompt Pay Act allows contractors to recover damages if they [...]

7 Jan, 2015

Maryland Contractor Documents its Illegal Deal and Pays $2.15 Million to Settle Fraud Claims

Craig Martin2018-04-23T23:55:12-05:00January 7th, 2015|Construction Contractor Advisor, Criminal Conduct, Government Contracting|

Why would a contractor create a contract for illegal work? I really don't know. Late last year, the FBI announced that a Maryland contractor, Forrester Construction Company, agreed to pay $2.15 million dollars to resolve a criminal investigation into alleged fraud in connection with the use of disadvantaged business enterprises involving more than $145 million of District of Columbia government contracts. Under this scheme, Forrester entered into joint venture agreements [...]

5 Jan, 2015

Are You Ready For 2015?

Craig Martin2018-04-23T23:55:12-05:00January 5th, 2015|Best Practices, Construction Contractor Advisor|

Last month’s Engineering News Record Magazine contained an editorial noting the worst projects of the year. Are you prepared if you have a bad project? As the editors aptly pointed out: By their nature, bad projects disappoint owners, incite hostility among team members, slip months and years past scheduled completions and drain finances. ENR pointed noted a few projects from 2014 that did not go well. They included: Wayne County [...]

23 Dec, 2014

Happy Holidays and My Gift to You

Craig Martin2018-04-23T23:55:12-05:00December 23rd, 2014|Construction Contractor Advisor, Insurance coverage|

I love this time of year. Of course, work efficiency is down and that which does get done is hard fought, but I love the season of hope and joy. I hope that you and yours have a wonderful holiday season. I also wanted to get you something I thought long and hard about what to get you. Reflecting on the year, I realized that insurance coverage was a popular [...]

19 Dec, 2014

Viptera Approved: China Ends Import Ban On 3 GMOs

Sean Minahan2018-04-23T18:22:20-05:00December 19th, 2014|Biotechnology, Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

China finally opens up to Viptera On December 17, 2014 China finally ended its import ban on Syngenta's Viptera corn and two varieties of GMO soybeans produced by DuPont Pioneer and Bayer Crop Sciences. The announcement is cause for great relief to the seed companies and U.S. grain exporters considering U.S. grain trading with China was shut down for all intents and purposes during the ban. Secretary of [...]

17 Dec, 2014

Quickie Elections–NLRB Issues Final Rule

Craig Martin2018-04-23T23:55:12-05:00December 17th, 2014|Construction Contractor Advisor, NLRB|

On December 12, 2014, the NLRB announced that its final rules on the "Quickie" Election will be published on December 15, 2014, and will take effect April 15, 2015. The most significant impact of the new rules will be to shorten the time from election for union representation from approximately 40 days to 10 to 14 days. The NLRB's press release stated that the rules are aimed at streamlining and [...]

15 Dec, 2014

Kiewit-Turner Stops Work on VA Project—Now What?

Craig Martin2018-04-23T23:55:12-05:00December 15th, 2014|Breach of Contract, Construction Contractor Advisor, Government Contracting|

Stop! The Kiewit-Turner joint venture created to build the VA’s hospital near Denver stopped work on December 10 after the Civilian Board of Contract Appeals ruled that the VA breached the contract. Kiewit-Turner claims that the VA owes it over $100 million on the project. And, given the appeals board’s recent ruling entirely against the VA, the claim may get some traction. This project has been plagued with [...]

10 Dec, 2014

OSHA’s New Severe Injury and Fatality Reporting Requirements, Are You Ready?

Craig Martin2018-04-23T23:55:12-05:00December 10th, 2014|Construction Contractor Advisor, OSHA|

Last September, OSHA announced its final rules for reporting severe injuries and fatalities. The new rules take effect on January 1, 2015. Are you ready? OSHA The New Rule Requirements OSHA’s severe injury and fatality reporting requirements apply to all employers covered by OSHA, not just those with 10 or more employees. All employee work-related fatalities must be reported within 8 hours of the death. The previous rule [...]

8 Dec, 2014

That’s What I have Insurance For, Right?

Craig Martin2018-04-23T23:55:12-05:00December 8th, 2014|Construction Claims, Construction Contractor Advisor, Insurance coverage|

Construction Insurance Coverage Ah, the age old question, What does my insurance really cover? A federal court in Georgia recently weighed in on this issue in Standard Contractors, Inc. v. National Trust Insurance Company, and ruled that a contractor’s commercial general liability insurer did not have to pay for damage caused by a subcontractor. Standard Contractors was hired to renovate the pool on an army base. Standard hired [...]

2 Dec, 2014

Obama’s Immigration Efforts May Impact Your Company

Craig Martin2018-04-23T23:55:12-05:00December 2nd, 2014|Construction Contractor Advisor, Employee Eligibility|

Late last month, President Obama issued a number of Executive Orders on immigration policy. One main point of the President’s action grants work permits to millions of immigrants who were ineligible for lawful status. If one of your employee’s qualifies for this program, called Deferred Action, you may have to update employee I-9s. Deferred Action The executive order allows qualifying immigrants to remain in the U.S. It also allows individuals [...]

25 Nov, 2014

Craig Martin2018-04-23T23:55:12-05:00November 25th, 2014|Construction Contractor Advisor, Thank You|

I hope you all have a wonderful holiday and have a moment reflect on all the wonderful experiences over the last year for which we can all be thankful. I'd also like to thank you all for reading this blog. I truly appreciate your interest, sharing, and comments over the past year. If you ever have an idea or a question you’d like me to write about, please let me [...]

19 Nov, 2014

8th Circuit Intercepts Syngenta’s Attempt to Pass Viptera Problem to Bunge

Sean Minahan2018-04-23T18:22:20-05:00November 19th, 2014|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

As a follow up to Syngenta Under Pile of Lawsuits, the United States 8th Circuit Court of Appeals recently broke up Syngenta Seeds, Inc.'s attempt to pass the Viptera problem to Bunge North America, Inc. In 2013 Syngenta tried to get ahead of the problems caused by China's ban of Viptera corn by suing Bunge for refusing to accept corn which contained the Viptera trait. Knowing Bunge would not accept [...]

19 Nov, 2014

What Personal Assets Have you Pledged to your Bonding Company?

Craig Martin2018-04-23T23:55:12-05:00November 19th, 2014|Bond Claims, Construction Contractor Advisor|

What are your personal obligations? The demise of Truland Group, an electrical contractor on the east coast, raises an interesting question as to the extent of an owner’s personal liability to the bonding company. As has been revealed in the litigation surrounding Truland’s fall from grace, it is far from clear which of the owner’s assets may be seized to reimburse the bonding company for payments on projects. [...]

17 Nov, 2014

Best Practices in Construction– What are Yours?

Craig Martin2018-04-23T23:55:12-05:00November 17th, 2014|Best Practices, Construction Contractor Advisor|

Risks on Construction Projects The latest Engineering News Record had an interesting article on Best Practices in Construction written by Deron Cowan of Zurich Services Corporation. In the articles, Mr. Cowan emphasizes the importance of best practices and the methodology to develop them. As Mr. Cowan notes, best practices are intended to eliminate, reduce and manage risks and all construction companies should be fully engaged in correctly executing [...]

16 Nov, 2014

Labor Shortage Confirmed Through AGC Poll

Craig Martin2018-04-23T23:55:12-05:00November 16th, 2014|Construction Contractor Advisor, Labor Shortage|

Help Wanted in Construction Industry Over 1,000 contractors participated in Associated General Contractors’ (“AGC”) survey asking whether they were facing a labor shortage. AGC crunched the numbers and provided an Analysis of its survey. The survey revealed that 83% of construction firms were having trouble finding qualified workers. This survey certainly confirmed comments from construction firms in and around Omaha. AGC also provided a regional analysis and below are some [...]

14 Nov, 2014

Syngenta Under Pile of Lawsuits for Alleged Losses Caused by China’s Ban of Viptera Corn

Sean Minahan2018-04-23T18:22:20-05:00November 14th, 2014|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

The lawsuits against Syngenta for alleged losses due to China's ban of Viptera corn are starting to pile up. Nine such lawsuits were filed in the United States District Court for the Southern District of Iowa in October with more expected as producers jump on the pile started by Cargill in September. In 2011 Syngenta launched the Agrisure Viptera trait to producers after being deregulated by the United States Department of [...]

12 Nov, 2014

Minimum Wage on Federal Construction Projects is $10.10

Craig Martin2018-04-23T23:55:12-05:00November 12th, 2014|Construction Contractor Advisor|

The Department of Labor's regulations can impact your construction project. The Department of Labor issued its final regulations to implement President Obama’s Executive Order raising the minimum wage to $10.10 per hour for workers on federal construction projects. The new minimum wage will not be effective until January 1, 2015, and will apply to most workers and most federal projects. Covered Contracts Executive Order 13658 applies to four [...]

10 Nov, 2014

Court Again Defines Extent of Contractor’s Insurance Coverage

Craig Martin2018-04-23T23:55:12-05:00November 10th, 2014|Construction Contractor Advisor, Insurance coverage|

Construction insurance coverage can be confusing and counsel may be necessary to review coverage decisions. The ever changing landscape of insurance coverage for contractors continues to be clarified in Texas. The Fifth Circuit Court of Appeals applied Texas law in Crownover v. Mid-Continent Casualty Company, concluding that contractors do have insurance coverage to cover claims that a project was not constructed in a good and workmanlike manner. In [...]

5 Nov, 2014

Owner’s Web of Deception Foiled by the Court

Craig Martin2018-04-23T23:55:12-05:00November 5th, 2014|Construction Contractor Advisor|

Can an owner use a related entity to purchase the construction loan from the lender and then foreclose on that loan to wipe out a contractor’s construction lien? Not in Florida. Nebraska construction projects can involve webs of difficulties and even deceit. In CDC Builders, Inc. v. Biltmore-Sevilla Debt Investors, LLC, the Florida appellate court refused to allow an owner to avoid a construction lien through the owner's web [...]

3 Nov, 2014

Majority Rules – Iowa District Court finds minority shareholder not oppressed

Sean Minahan2018-04-23T18:22:20-05:00November 3rd, 2014|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

In 2013 the Iowa Supreme Court evaluated “fairness” among minority and majority shareholders of a family farming corporation in the context of disagreements between second-generation cousin shareholders. The case is Baur v. Baur Farms, Inc. In Baur Farms, one of the cousins, who was not involved in operating the farm and received all of his stock by way of inheritance or gift, decided he wanted to be bought out. The [...]

3 Nov, 2014

Can a Contractor be Liable to Second Buyers of Homes for Construction Defects?

Craig Martin2018-04-23T23:55:12-05:00November 3rd, 2014|Construction Claims, Construction Contractor Advisor|

Looking for assistance with a construction problem? Whether a contractor will be liable to a second purchaser, even though the contractor never contracted with the second purchaser, varies state to state. The Pennsylvania Supreme Court, in Conway v. The Cutler Group, is the latest court to rule that a subsequent purchaser lacks privity and cannot pursue an action against the builder. In that case, the Conways purchased a [...]

29 Oct, 2014

General Contractors Can Be Sued by a Subcontractor’s Injured Employee

Craig Martin2018-04-23T23:55:12-05:00October 29th, 2014|Construction Contractor Advisor, General Contractor Concerns|

Looking for assistance with a construction problem? General contractors that exercise control over the worksite can be sued by a subcontractor’s injured employee. The Nebraska Supreme Court’s recent opinion, Gaytan v. Wal-Mart, should serve as a reminder that general contractors may be responsible for the safety of all workers on a job site. In this case, a roofing subcontractor’s employee died after falling through the roof of the [...]

21 Oct, 2014

A Winning Procedure to Develop a Request for Compensation — Lunch & Learn

Craig Martin2018-04-23T23:55:12-05:00October 21st, 2014|Construction Claims, Construction Contractor Advisor|

Thanks to everyone that attended last week’s Lunch & Learn on preparing claims. We had some great discussion from both the ranks of general contractors and subcontractors. For those of you that missed the meeting or didn't pick up the handout, A Winning Procedure to Develop a Request for Compensation, send me an e-mail and I'll send it to you. My e-mail address is cmartin@ldmlaw.com. In a nutshell, to develop [...]

16 Oct, 2014

Arbitration—No Opportunity for Appeal

Craig Martin2018-04-23T23:55:12-05:00October 16th, 2014|Arbitration, Construction Contractor Advisor|

Last week I presented to the Great Plains Chapter of the American Society of Professional Estimators on arbitration and litigation. Some of the questions related to the difficulty of appealing an arbitrator’s decision. A Florida appellate court recently confirmed this difficulty. In Village at Dolphin Commerce Center, LLC v. Construction Service Solutions, LLC, a contractor filed an arbitration claim against the owner to get paid for its work. The owner [...]

13 Oct, 2014

Union THUGS Plead Guilty

Craig Martin2018-04-23T23:55:13-05:00October 13th, 2014|Construction Contractor Advisor, Unioin Campaign|

Some time ago, I wrote about union THUGS (The Helpful Union Guys) that tormented merit shops to force contractors to use union labor on projects. The THUGS set fire to equipment, beat contractors with baseball bats, and picketed apartment complexes where contractors lived. Recently two of the ten union members plead guilty to arson-related charges, including two counts of maliciously damaging property by means of fire, extortion, and RICO conspiracy [...]

8 Oct, 2014

More Regulations for Federal Contractors

Craig Martin2018-04-23T23:55:13-05:00October 8th, 2014|Construction Contractor Advisor, Office of Federal Contract Compliance Programs (OFCCP)|

The Office of Federal Contract Compliance Programs (OFCCP) has been busy. In the last several weeks, the OFCCP has proposed regulations that will require contractors and subcontractors to provide summary compensation data and another rule prohibiting federal contractors and subcontractors from discriminating against employees or applicants who inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant. Equal Pay Report The OFCCP has proposed [...]

8 Oct, 2014

White Flag Waved: EPA drops suit against Lois Alt

Sean Minahan2018-04-23T18:22:20-05:00October 8th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The Environmental Protection Agency ("EPA") has decided not to appeal the Northern District of West Virginia's ruling in favor of poultry farmer, Lois Alt. The court ruled the Clean Water Act ("CWA") did not regulate storm water runoff from the non-production areas of a farmyard. A great outcome for Lois Alt which may impact concentrated animal feeding operations ("CAFOs") across the country. In 2012 the EPA handed Lois Alt an [...]

6 Oct, 2014

When Do You Call Your Lawyer?

Craig Martin2018-04-23T23:55:13-05:00October 6th, 2014|Construction Contractor Advisor, Construction Law|

The National Association of Home Builders recently conducted a survey asking its members about the legal issues they faced in the last 12 months and whether they consulted their attorney to deal with the problem. Below are some highlights of the survey. Legal Issue % of Homebuilders % Contacted Counsel Warranty/call back claims 34% 51% Contract disputes 22% 84% Defective Install/Workmanship 20% 83% OSHA Issues 13% 33% CGL Coverage Questions [...]

23 Sep, 2014

Fundamental Fairness Trumps Contract Language

Craig Martin2018-04-23T23:55:13-05:00September 23rd, 2014|Construction Contractor Advisor, Construction Contracts|

The Texas Supreme Court recently ruled that a “no-damages-for-delay” clause would not be enforced where the delay was caused by the owner. The court’s ruling flies squarely in the face of the contract language that attempted to insulate the owner from any delay claims, even those it caused. In the case of Zachary Construction v. Port of Houston underlying contract, proposed by the Port of Houston, was heavy handed, to [...]

15 Sep, 2014

Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

Craig Martin2018-04-23T23:55:13-05:00September 15th, 2014|Construction Claims, Construction Contractor Advisor, Insurance coverage|

The Nebraska Court of Appeals has ruled that a home builder that fails to adequately compact the soil does not have insurance coverage to repair damages to the home caused by the settling soil. In “insurance speak”, there was no occurrence to trigger coverage. In this case, Cizek Homes, Inc. v Columbia National Insurance Company, a home builder contracted with a buyer to build a house. A lot was selected and [...]

11 Sep, 2014

Lunch & Learn–How to Prepare a Winning Request for Compensation

Staff2019-10-02T14:38:29-05:00September 11th, 2014|Construction Contractor Advisor|

Join us for our Fall Lunch & Learn Thursday, October 16th at 11:30. We will be discussing How to Prepare a Winning Request for Compensation. The topics we will cover include: Developing a Roadmap to Prepare the Claim Determining Applicable Contract Terms The Impact of Change Orders Identifying the Important Documents Calculating the Amount Owed Seating is limited, so please RSVP to Craig Martin, (402) 397-7300, or via e-mail: [...]

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