Never Underestimate the Importance of Contract Language
A recent article in ENR described the setbacks associated with a public rail project. There are problems with the schedule, concrete quality, including precast girders , panels and rail ties, and allegations of fraud. In a nutshell--a mess. But, I wonder if there are contract provisions that address these problems. [...]
Getting Paid is Important and the Prompt Pay Act Can Help
As this year’s construction projects are in full swing, it’s a good time to review your rights to payment. Since 2014, the Prompt Pay Act has been a tremendous resource for contractors to recover retainage and interest from upstream contractors and owners for failing to timely pay on a project. [...]
So, You’ve Been Sued, Now What? Tender–Quickly.
If you or your construction company have ever been sued, you know it can be a stressful time. You have deadlines, you have subcontractors clamoring to get paid or defended, and it’s a generally awful situation. But, keep your mind on the prize--to make sure you have insurance coverage that [...]
Construction Material Costs are Rising–Are You Protected?
Construction material costs are rising, at least that’s what AGC, ABC, ACEC, ENR and the government are saying. So, let’s assume that its true—construction material costs are rising. What can you, as a general contractor or subcontractor do about it? Not surprisingly, it all comes down to your contract [...]
The Importance of Confidentiality and Non-Solicitation Agreements
While this is not typically a topic of discussion on this construction blog, two recent construction related lawsuits filed in Nebraska highlight the importance of making sure your key employees do not walk away with your projects and employees. We all know the situation. A long-term, faithful employee gets the [...]
What do you mean you LOST it?
Back in 2014, I posted a blog about the problems contractors were having digging the tunnel for Route 99 in Seattle. Bertha, the boring machine, hit a pipe and some rocks and got stuck, causing two years of delay. Well, that problematic situation, now a $624 million lawsuit, has wound [...]
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