Beware of Waiving Your Arbitration Rights Through Your Conduct
Contractors are no strangers to arbitration or mediation clauses in construction contracts. These provisions clearly identify the process for dispute resolution at the outset of a project rather than having to deal with disputes over how to resolve disputes. However, a recent case in Florida illustrates the importance of following [...]
The Department of Labor is Updating Davis Bacon Prevailing Wage Regulations
Last month, the US Department of Labor issued a Notice of Proposed Rulemaking to update the Davis-Bacon wage regulations. Specifically, the Department proposes to amend regulations issued under the Davis-Bacon that set forth rules for the pre-determination of Davis-Bacon wage rates. The Davis-Bacon Act, created in 1931, requires contractors and [...]
Federal Contractors–Are you ready to register with the OFCCP?
On February 1, 2022, the Office of Federal Contractor Compliance Programs (OFCCP) launched the contractor portal through which Federal Contractors must register their organization. Federal Contractors will have until June 30, 2022 to certify that they have complied with Affirmative Action Plan requirements. WHICH FEDERAL CONTRACTORS HAVE TO CERTIFY? Service [...]
How to Get Paid on Public Projects in Iowa and Nebraska: The Little Miller Act
Congress enacted the Miller Act to provide protection to contractors furnishing labor and material on federal projects. Many states, including Nebraska and Iowa, have enacted “Little Miller Acts,” which provide that same protection on state and county public projects. These laws require general contractors on certain government jobs to carry [...]
Does Your Company Require Employees To Be Vaccinated for COVID-19? A New Law In Nebraska Applies to You!
Although we may be seeing the light at the end of the long COVID-19 tunnel, for those employers who have instituted a mandatory COVID-19 vaccination policy, a new law in Nebraska applies to you. On Monday, February 28, 2022 Governor Ricketts signed LB 906. LB 906 requires employers who have [...]
Modifications and Release Agreements in Construction Contracts
Construction contracts typically allow for modifications during the course of performance. Parties can agree to change the scope of work or price that was originally agreed to. For example, contractors can run into unexpected costs due to another’s negligence or delays. Material costs may go up and the contract price [...]
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