Heirs or Errors to the Throne? The Importance of Thoughtful Business Entrance Planning
The following was authored by attorney, Shannon G. McCoy, Lamson, Dugan & Murray, LLP and written for submission in the National Land Improvement Contractors of America (LICA) newsletter. Succession planning frustration One Month before Your Planned Retirement, 2038: Owner: Alright Steve, Mike, and Kelsey, the day has finally come, it [...]
Is Equal Always Fair? The Importance of Thoughtful Business Succession Planning
Originally submitted by Dan Waters, Attorney & Sean Minahan, Attorneys Lamson, Dugan and Murray, LLP; Proud members of C2C in the LICA Contractor. The issues and discussions addressed in the following apply equally to family farm succession planning as they do for succession planning of family owned contracting companies. [...]
Turning Friends into Foes: Legal Fallout from Monsanto’s Dicamba
Monsanto's dicamba has turned friendly neighbors into legal foes due to crops damaged by dicamba's inability to stay where it is supposed to be. With the soybean harvest basically complete, we are seeing more and more claims filed and litigation initiated. Farmers are calculating the effect that dicamba applied by [...]
Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.
Holding the Bag According to a quick Google search the term "holding the bag" comes from the mid eighteenth century and means be left with the onus of what was originally another's responsibility. Nobody wants to be left holding the bag. But that is the situation our client [...]
Not So Fast: RMA Continues to Scrutinize New Producer Crop Status
If you have received a Notice of Overpayment and Removal of New Producer Status from your crop insurance company, you are not alone. In 2012 the Risk Management Agency started auditing crop insurance applications wherein the insured had requested "New Producer" status. The effects of the audit have come to [...]
Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable
Landowners and developers bogged in an EPA wetland determination were recently thrown a life line when the United States Supreme Court determined The Army Corps of Engineer's (Corps) "jurisdictional determinations" (JD) regarding wetland designations are reviewable by the court. United States Army Corps of Engineers v. Hawkes Co. Inc. Under [...]
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.
Sean A. Minahan
Editor and Author