What is a “Waiver of Subrogation” in Construction Contracts?
Waiver of Subrogation clauses are contained in nearly every form construction contract. Contractors sign them as a matter of course, but how often do you actually consider what it means to waive subrogation? In this blog, we’ll discuss what subrogation is and why it’s usually a good idea to waive [...]
Happy Thanksgiving
I hope you and your family are enjoying some well earned time off this Thanksgiving. Today’s post provides me an opportunity to thank everyone who gave me ideas for the blog and I thank you for reading it. I’d also like to thank all of my construction clients from whom [...]
A Bond is NOT Insurance
There are fundamental differences between insurance and surety bonds and knowing the difference will help you avoid making mistakes, should claims arise. This blog will discuss the differences between insurance and surety bonds. Insurance An insurance policy is a two party contract between an insurer and the insured. The policy [...]
What Can You Do to Get Paid on Your Project?
Recently, I have had a number of conversations with contractors that are worried about getting paid on a project. Invariably, these contractors want to know what they can do to get what they are owed. Rarely is there an easy button to force these funds out of the owner or [...]
OSHA Top Ten Standard Violations for 2019
OSHA’s fiscal year ended earlier this fall and OSHA published its annual Top Ten violations for 2019. It is striking that the most common violations for this year are the same from last year and the Top five have not changed for 5 years. Because the Top 10 represent the most [...]
Personal Liability for Signing Payment Affidavits? Uh-oh.
Have you ever considered whether you could be held personally liable for signing company documents? Maybe you should, especially if you know the documents are false. A recent case out of Ohio, Decker v. Wesex, is considering whether the CFO of a construction company can be held personally liable for [...]
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