Do You Have Lien Rights under a Pay-if-Paid Contract?
How often do you review the payment terms of a contract with an eye toward whether you are waiving lien rights under that contract? This is something you should consider if your contract contains a pay-if-paid clause. I am often times asked about the difference between a pay-when-paid and pay-if-paid [...]
Can a General Contractor Be Liable for a Subcontractor’s Employee’s Injury?
The short answer is maybe. Nebraska courts have long held that a general contractor can be held liable for a subcontractor’s employee’s injury, but only if the general contractor exercises significant control over both the worksite and the subcontractor. The question becomes whether the general contractor’s conduct demonstrates this control. [...]
Musicians and Ballerinas Helping the Construction Industry
It's not often you can say that musicians and ballerinas helped clarify the rules around access to a job-site or workplace. But, it happened earlier this month. The National Labor Relations Board (“NLRB”) recently clarified that a property owner could exclude off-duty contractor employees from handing out leaflets on its [...]
Filing Your Construction Lien on Time
As we have discussed in other blog posts, filing a construction lien on time is critical to preserving your claim. If you file a construction lien in Nebraska outside of the 120-day window, your lien will be invalid. This past week, we filed a construction lien electronically in Douglas County. [...]
Will You Get Paid for Delays? No Damage for Delay Clauses Say No.
No-damage-for-delay Clauses are commonplace in construction contracts. But, have you ever read one and wondered if they are enforceable? Courts across the country have consistently enforced them and these clauses will severely limit your ability to recover damages caused by delays, even if the delays were not caused by you. [...]
The Bleak Future of Multiemployer Plans
The Pension Benefit Guaranty Corporation, the federal agency that oversees multiemployer benefit plans, issued its annual Projection Report earlier this month. And, the outlook is bleak. The agency is estimating that its insurance program will be insolvent in 2025 unless Congress provides substantial funding. The PBGC oversees multiemployer plans that [...]
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