Not So Guaranteed: Can Small Losses Render a Sizable Liquidated Damages Provision Unenforceable?
A “Liquidated Damages” provision should be a key part of your playbook when entering a construction contract. These damages typically apply when a party misses a performance deadline. The value of damages is usually expressed in a certain amount of dollars per day. Liquidated Damages are intended to avoid the [...]
Wages for Federal Construction Projects: New Requirements Under Davis-Bacon Act and Executive Order 14026
How much are you paying your employees? Wages for federally-funded construction projects have increased under the Davis-Bacon and Related Acts and Executive Order 14026. The Davis-Bacon and Related Acts (“DBRA”) applies to contractors and subcontractors performing work on federally-funded or assisting with contracts in excess of $2,000.00 for the construction, [...]
Your Contract Terms Should Not Be “Standard”
Many clients come through our doors because a project has gone wrong due to obligations they unknowingly take on after signing “industry standard” contracts. Standard industry contracts make for good starting points, but careful contractors will want to move beyond, or at least study, the “typical” terms in a contract [...]
Open Communication and Good Contracts Keep the Peace
It is a common occurrence for a home construction project to encounter delays, whether due to a change in project scope, weather conditions, delayed building materials, or a labor shortage. These delays can cause problems which can be avoided with a simple concept: open communication and clear provisions in a [...]
Is a Contractor Entitled to Prejudgment Interest on Contracts in Nebraska?
In a recent ruling by the Nebraska Supreme Court, the answer was YES. Nebraska’s prejudgment interest statute provides that parties are entitled to twelve percent (12%) interest per annum on money due on any instrument in writing (such as a contract), unless the parties agree on another amount or to [...]
It’s Almost Time to Submit your EEO-1 Forms
October 31st is fast approaching. This is important, not because that’s Halloween, but because that is the day employers may file their EEO-1 Reports. Employers completing the EEO-1 must submit and certify their workforce demographic data and must use their new Unique Entity Identification Number, not their old DUNS number. [...]
About the Blog
The Midwest Construction Contractor Advisor was created to offer legal discussion and encourage the use of social media in the construction industry.
Craig F. Martin
Editor and Author