I’m Not Getting Paid. Can I Terminate the Contract?
I’d like to say that the answer is clearly yes, but that’s rarely the case with construction contracts. Ultimately, it will come down to the facts of your situation and whether the construction contract specifically allows you to pull off the job. Not Getting Paid Not getting paid is probably [...]
Construction Contracts–The Scope of the Work
Construction contracts can take on many shapes and sizes and there are several important provisions that you should review. But, the most important, in my mind, is the scope of work to be provided. Preventing Costly Overruns Ideally, the scope of work will detail, and limit, the work that is [...]
Happy Holidays
Another year is drawing to a close and we want to thank all of our construction clients with whom we have had the pleasure of working this past year. We really do appreciate the opportunity to help you with your business operations. We look forward to working with you in [...]
COVID-19 Vaccines are Here: Can you require employees to be vaccinated?
Today's post is by Eric Tiritilli, one of our Employment Law specialists. Currently, there is no formal guidance from federal agencies regarding whether an employer may require an employee to be vaccinated for COVID-19. But, the EEOC has previously allowed mandatory vaccinations in the context of flu. Given that the [...]
Workplace Safety–the Unpreventable Employee Misconduct Defense
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 [...]
So You’ve Got A Construction Lien, Now What?
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 [...]
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