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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 [...]

4 Apr, 2019

Be Careful When Thinking about Terminating for Default

2019-03-30T10:37:21-05:00April 4th, 2019|Construction Contractor Advisor, Termination|

During a construction project, subcontractors may be performing poorly and a general contractor may want to terminate a subcontractor for default.  A recent case out of the Eight Circuit Court of Appeals (overseeing the Midwest) rejected a general contractor’s right to terminate for default because the general contractor, not the subcontractor, was the first one to breach the contract. The case, Randy Kinder Excavating, Inc. v. JA Manning Construction Company, [...]

15 Dec, 2011

Employees—What Are They Complaining About?

2011-12-15T17:57:17-06:00December 15th, 2011|Firing employee, Nebraska Construction, Retaliation, Termination|

I read an interesting article in the Engineering News Record (“ENR”) about employee whistle blower complaints and a flawed safety culture in a radioactive waste recyclying plant . Here is a link to the article. This article serves as a reminder of the importance of properly documenting and investigating employee complaints. The article discusses an employee’s complaint that he was removed from a facility for raising safety concerns and the snowball [...]

5 Sep, 2011

How Are You Documenting Employee Terminations

2011-09-05T08:24:20-05:00September 5th, 2011|Employee, Firing employee, Retaliation, Termination|

Much as documentation is important in construction projects, it is equally important in employee terminations. When you are considering terminating an employee, you should make sure you have all of your supporting documentation before the actual termination, instead of cobbling together the documentation several months afterwards. As many of you have experienced, an employee disappointed with his or her termination, does not have to sue immediately. The ex-employee often times [...]