Construction Contractor Advisor
Flow-Down Clauses and Waivers—a Subcontractor’s Nightmare?
Flow-down clauses are common in subcontracts, particularly when the project involves several tiers of contractors. A flow-down clause incorporates various terms of the upstream contracts into the subcontract, even if the subcontractor has not reviewed the upstream contract. And, the incorporated clauses can act as a waiver of a subcontractor’s [...]
How Will The Federal Rule Banning Non-Competes Affect Employment Agreements in Nebraska?
In April 2024, the Federal Trade Commission issued a final rule banning almost all noncompete clauses nationwide. As you may already know, a noncompete clause is typically part of a larger employment agreement between a worker and employer and essentially prevents a worker from competing with their employer after their [...]
Nebraska Supreme Court Strengthens Lien Claims
In an opinion issued this March, the Nebraska Supreme Court strengthened contractors’ rights to file liens to protect their interests in property upon which they performed work. The case was Nore Electric v. S&H Holdings, 316 Neb. 197 (2024). In that case, the Court held that an owner could not [...]
Hope for the Best, Prepare for the Worst: Insurance Policies for Addressing Risks on Construction Projects
By: Callie A. Kanthack Construction projects involve significant risks to owners, designers, and contractors. Many of these risks are allocated in the parties’ contracts. Risks may also be allocated to insurance companies through policies. By providing coverage for losses, insurance companies protect against certain financial losses and may also indemnify [...]
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, [...]
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