Latest News

29 Sep, 2021

New Guidance on COVID-19 Vaccine Mandate for Federal Contractor

2021-09-29T15:23:40-05:00September 29th, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, Vaccination|

The Federal Workforce Task Force, created by President Biden’s Executive Order on COVID Safety Protocols, released guidance on workplace safety protocols for federal contractors and subcontractor.  The Guidance explains which contracts are covered, which employers are covered and the COVID-19 vaccination requirements for covered employees.  Below are answers to common questions about the Guidance. When will the Vaccine Mandate start? Government agencies will begin implementing the new requirements during the [...]

28 Jul, 2021

Material Costs Continue to Rise—What’s a Contractor to do?

2021-07-24T09:08:33-05:00July 28th, 2021|Construction Contractor Advisor, Construction Contracts, Escalation Clause|

While COVID has made the past year wild and unpredictable, this summer could be even wilder with rapidly escalating material costs.  Lumber prices have tripled, steel prices are through the roof and PVC has doubled. These increases can turn into real numbers on your projects and if you don’t have any protections in place, the project could turn ugly in a hurry.  Now is the time to review your current [...]

12 May, 2021

Another Reason Not to Act As Your Own General Contractor

2021-05-24T14:14:56-05:00May 12th, 2021|Construction Contractor Advisor, Construction Contracts, Statute of Limitations|

The Nebraska Supreme Court recently issued an important opinion concerning the statute of limitations for a homeowners bringing claims against contractors. When an owner acts as his own builder or general contractor, he must file a lawsuit against a subcontractor within four years of the subcontractor completing its work, not within four years of completion of the total home or project. Add this to the list of reasons a homeowner [...]

28 Apr, 2021

Material Cost Increases—Are you ready?

2021-04-25T12:09:44-05:00April 28th, 2021|Construction Contractor Advisor, Construction Contracts, Escalation Clause|

Construction contractors are seeing material costs increase, particularly lumber, steel and fuel. As you review your contracts for 2021 and beyond, you may want to consider adding a price-escalation clause the protect against material cost increases. What is a price-escalation clause? In its simplest terms, a price-escalation clause allows contractors to recover material cost increases on a project.  While triggering events for escalation clauses vary, the two most popular types [...]

7 Apr, 2021

Work Changes and Considerations

2021-04-08T07:25:42-05:00April 7th, 2021|Change Orders, Construction Contractor Advisor, Construction Contracts|

Changes on construction projects are inevitable, especially with the reality of projects during and after the COVID-19 pandemic. Due to this inevitability, owners should consider including contingency in the budget to deal with change orders. Accounting for legitimate changes quickly and obtaining an agreement that the payment fully resolves the issue can limit larger disputes down the road. Unresolved change orders often result in disputes that end up with legal [...]

24 Mar, 2021

Settling your claim? Make sure you get paid.

2021-03-23T08:20:10-05:00March 24th, 2021|Construction Claims, Construction Contractor Advisor|

Your work on the project is done, but your final payment is delayed. You then hear that the owner and general contractor are arguing about final payment.  The owner contacts you directly to pay your final pay application.  You sign the release and get your check. But, the check bounces.  Now what?  You may be out of luck. When entering into a settlement agreement on a construction project, you need [...]

3 Mar, 2021

Lien Waivers—Worth a Thorough Review

2021-02-27T08:28:10-06:00March 3rd, 2021|Construction Contractor Advisor, Construction Contracts, Lien Waiver, Nebraska Construction Law|

Throughout a project, and especially at the end, you are likely being asked to sign a lien waiver. Given the significant impact that these waivers may have on your opportunity to get paid, how closely are you reviewing lien waivers before you sign them?  Here are some points to think about before your sign. Is the lien waiver conditional or unconditional? The concern here is whether the lien waiver goes [...]

10 Feb, 2021

Buy America—The Biden Administration’s Plan

2021-02-06T11:16:48-06:00February 10th, 2021|Buy America Act, Construction Contractor Advisor, FAR Council, Federal Construction Projects|

The Biden Administration issued another executive order, this one focusing on the application and enforcement of the Buy America Act.  As the name indicates, the Buy America Act is intended to increase the amount of American goods used on and in government contracts.  President Biden’s executive order focuses on enforcement and the administration of the Act. The most significant change created by the executive order is to create a Made [...]

3 Feb, 2021

President Biden Orders OSHA to Issue New COVID-19 Guidance

2021-01-30T09:38:10-06:00February 3rd, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, OSHA|

President Biden recently issued an Executive Order (copy here) requiring OSHA to issue “science-based guidance” to help keep workers safe from COVID-19 exposure.  The Executive Order does not create immediate changes, but calls for quick action by OSHA to update its guidance. The Executive Order  requires OSHA to: issue, within two weeks, revised guidance to employers on workplace safety during the COVID-19 pandemic; consider whether any emergency temporary standards on [...]

27 Jan, 2021

How to Deal with the Dreaded Pay-if-Paid Clauses

2021-01-26T11:22:56-06:00January 27th, 2021|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Pay-if-Paid|

It seems that more and more general contractors are using pay-if-paid clauses in their construction contracts.  Pay-if-paid clauses are some of the most controversial and heavily negotiated clause in construction contracts.  This article will explain what pay-if-paid clause is and provides some guidance on how to negotiate around these difficult clauses. A pay-if-paid clause, if properly drafted, pushes the risk of non-payment from the general contractor to you.  The clause [...]

20 Jan, 2021

I’m Not Getting Paid. Can I Terminate the Contract?

2021-01-21T08:58:20-06:00January 20th, 2021|AIA Contracts, Breach of Contract, Construction Contractor Advisor, Construction Contracts, Nebraska Construction, Nebraska Construction Law|

I’d like to say that the answer is clearly yes, but that’s rarely the case with construction contracts.  Ultimately, it will come down to the facts of your situation and whether the construction contract specifically allows you to pull off the job. Not Getting Paid Not getting paid is probably the most popular reason contractors terminate a construction contract.  The difficulty arises when we look closely at the circumstances leading [...]

13 Jan, 2021

Construction Contracts–The Scope of the Work

2021-01-13T14:22:41-06:00January 13th, 2021|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Scope of Work|

Construction contracts can take on many shapes and sizes and there are several important provisions that you should review.  But, the most important, in my mind, is the scope of work to be provided. Preventing Costly Overruns Ideally, the scope of work will detail, and limit, the work that is to be provided for the money that the owner is obligated to pay. We recommend that the scope of work [...]

12 Nov, 2020

So You’ve Got A Construction Lien, Now What?

2020-11-12T10:30:43-06:00November 12th, 2020|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

Contractors sometime believe that once the lien is filed, they are home free for getting paid.  Unfortunately, that is often not the case.  There are always concerns about whether the owner has sufficient funds to pay the contractor and subcontractors.  Obviously, that is why the lien was filed.  There are also concerns about whether there is any equity in the property to satisfy the liens.  But, even if you file [...]

4 Nov, 2020

Arbitration versus Litigation

2020-10-31T11:08:55-05:00November 4th, 2020|Arbitration, Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

Construction contracts often contain an arbitration or litigation provision.  While each forum has its advantages, a question often times overlooked is whether an arbitration provision is enforceable. Litigation is the Default Litigation is the default method of dispute resolution.  This is not to say that litigation is the best way to resolve a case.  But unless the contract contains an enforceable arbitration agreement, the parties will have to take their [...]

28 Oct, 2020

Be Careful Negotiating a “Paid-in-Full” Check

2020-10-23T13:53:29-05:00October 28th, 2020|Accord and Satisfaction|

You’ve probably heard a story about a business owner that cashed a “paid-in-full” check and waived the rest of her claim.  But, can this really happen? A recent case out of Mississippi reminds us that it can. In this case, a contractor was hired to build a municipal water system.  Disputes arose and the contractor threatened to file suit.  The municipality then issued a check to the contractor marked “Paid [...]

22 Oct, 2020

Signing Lien Waiver and Releases—Think Twice

2020-10-18T11:50:03-05:00October 22nd, 2020|Lien Releases, Pay Application, Waivers|

Subcontractors are asked to sign lien waivers and releases nearly every time they submit a pay application. But, it may be worth your time to review the language and identify unpaid work before you submit the waiver.  A recent case out of North Carolina drives home this point. Gamewell Mech, LLC v. Lend Lease (US) Construction, Inc. involved a breach of construction contract between the subcontractor and general contractor.  The [...]

30 Sep, 2020

Change Order Best Practices—Document the Request

2020-09-26T11:29:24-05:00September 30th, 2020|Change Orders, Construction Contractor Advisor, Construction Contracts|

You know the situation, the project manager or superintendent just cornered you on the job site and told you that he needs some extra work.  But, what you do next may very well make the difference on whether you get paid for that extra work. Document the Conversation The first thing you should do is confirm the conversation in an e-mail to the project superintendent or whomever is your point [...]

23 Sep, 2020

Should you Update your Construction Contracts after COVID?

2020-09-12T11:50:59-05:00September 23rd, 2020|Construction Contractor Advisor, Construction Contracts, Construction Law, COVID Construction|

There are few, if any, construction projects that were not impacted by COVID-19.  Now that we have all dealt with these impacts, it’s time to look ahead and determine if your construction contracts should be updated to address these impacts. Below are some provisions that you should review to address future COVID type situations. Notice Provisions Delivery of notices is a critical obligation under construction contracts. But, what if the [...]

16 Sep, 2020

Damages for Delays and Disruptions on the Project—How do you recover them?

2020-09-12T11:20:37-05:00September 16th, 2020|Construction Contractor Advisor, Construction Damages, Construction Delays, Delay Damages|

Construction projects around the country are experiencing delays.  These delays can lead to extended general conditions, idle labor and equipment costs, material cost escalation, and de-mobilization and re-mobilization costs.  But, how do you recover those damages? Notice The first step to recovering delay damages is to provide notice. But, your notice has to be timely and it has to follow the requirements of the contract.  So, review the contract and [...]

9 Sep, 2020

How Not to Use a PPP Loan!!

2020-09-02T07:28:13-05:00September 9th, 2020|Construction Contractor Advisor, Construction Law, Fraud|

The U.S. Attorney for Minnesota recently indicted a contractor for defrauding the Paycheck Protection Program ("PPP").  Given the broad uses of PPP loans, this contractor went pretty far out of bounds to get himself indicted. The U.S. Attorney’s press release explained the underlying allegations. Strike One: The contractor applied for a PPP loan well after his construction company had stopped operation. Strike Two: The contractor submitted false employee and expense [...]

3 Sep, 2020

What Does it Mean to Incorporate the Prime Contract?

2020-09-02T07:23:53-05:00September 3rd, 2020|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

How often have you read that the terms of the prime contract are incorporated into the subcontract?  If you read your subcontracts, you’ve probably seen that language in every contract over the last 10 years. But, what does that mean?  It means you are bound by the terms of the prime contract, even if you haven’t seen it. Contract Language Most construction subcontracts incorporate the prime or upstream contact.  A [...]

26 Aug, 2020

The Economics of Litigation Must Make Sense

2020-08-22T09:11:28-05:00August 26th, 2020|Construction Contractor Advisor, Construction Litigation, Nebraska Construction Law|

Much as the economics of a construction project must make sense, the same is true when you are considering litigation.  The costs associated with litigation must be considered in light of the potential recovery.  A recent decision from the Nebraska Court of Appeals drove this point home. The case, Scheichinger v Swain Construction, involved the sale of a skid loader and a claim that Swain Construction misrepresented the number of [...]

17 Jun, 2020

Shoddy Construction Work – Is it covered by your CGL?

2020-06-13T10:31:54-05:00June 17th, 2020|Commercial General Liability (CGL), Construction Contractor Advisor|

A recent 8th Circuit Court of Appeals case, applying Missouri law, reminds us that shoddy workmanship may not be covered by your commercial general liability insurance.  This also means that if an owner claims your faulty workmanship caused problems on the project, you may have to pay those damages out of your own pocket, not the insurers. In this case, American Family Mutual Insurance Co., S.I. v. Mid-American Grain Distributors, [...]

10 Jun, 2020

Liquidated Damages—They Must have a Reasonable Basis

2020-06-06T09:35:00-05:00June 10th, 2020|Construction Contractor Advisor, Liquidated Damages, Nebraska Construction Law|

A recent case out of Pennsylvania refused to allow an owner to assess liquidated damages for project delay.  This case serves as a reminder that if you are including liquidated damages in your construction contract, there must be some reasonable basis for the amount of liquidated damages. In this case, D.A. Nolt v. The Phila. Mun. Auth., the City of Philadelphia sought to enforce a $10,000 per day liquidated damages [...]

3 Jun, 2020

Indemnity Obligations in the Age of COVID-19

2020-05-30T10:12:42-05:00June 3rd, 2020|Construction Contractor Advisor, COVID-19, Indemnity clauses, Nebraska Construction Law|

COVID-19 has created chaos in the construction world.  One of the biggest problems is staffing projects to meet deadlines on the project.  But, what if your company is hit with a COVID-19 outbreak and you cannot staff the job?  Have you already agreed to indemnify the upstream contractor or owner for any damages stemming from a COVID-19 outbreak?  We recommend reviewing your indemnity obligations to determine your risk and the [...]

12 May, 2020

New I-9 Forms—Are you using them?  You should be.

2020-05-09T08:17:46-05:00May 12th, 2020|Construction Contractor Advisor, Form I-9, I-9 Audit|

With everything else going on this Spring, employers may have forgotten that they need to start using the new Form I-9.  You can find a copy of the new Form I-9 here.  This new form, which was published in January, 2020, went into effect on May 1, 2020 and employers should not use the older versions from this point on. Below are some answers to questions we’ve been receiving about [...]

22 Apr, 2020

Construction—The Top Industry Receiving PPP Loans

2020-04-18T08:17:40-05:00April 22nd, 2020|Construction Contractor Advisor, Construction Industry, Nebraska Construction|

As you have likely heard, the Paycheck Protection Program (PPP) funds have run out.  While Congress battles about how to add more funds to the PPP, the Small Business Administration has released the specifics about the number of businesses that received loans, the industries and locations. In a nutshell, the SBA approved 1,661,367 loans from 4,975 lenders.  The average size of the loans was $206,000 and about 75% were for [...]

15 Apr, 2020

Construction Work—Is it an Essential Activity in your Jurisdiction?

2020-04-11T08:15:10-05:00April 15th, 2020|Construction Activity, Construction Contractor Advisor, Construction Economy, COVID Construction, COVID-19|

Shelter in place orders abound throughout the country, yet construction continues to march on.  As we continue to deal with the impact of COVID-19, it’s important that you know whether your construction work is considered essential.  Your local government, state, county and city, may have established guidelines which will impact your operations. For example, Nebraska has “requested” that everyone stay at home and social distance at work.  Construction projects are [...]

31 Mar, 2020

Construction Contractors and the CARES Act

2020-03-28T10:19:33-05:00March 31st, 2020|Construction Contractor Advisor, Construction Law, COVID Construction|

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was just passed and it contains a number of provisions that will benefit the construction industry, including, the Paycheck Protection Program, unemployment, and delayed payroll taxes.   Below are a few of the highlights. Paycheck Protection Program This is a low interest loan program for small businesses that were operational since February 15, 2020 and had employees to whom it paid wages.  [...]

25 Mar, 2020

Is it Time to Send your COVID-19 Notice? YES

2020-03-27T14:15:50-05:00March 25th, 2020|Construction Claims, Construction Contractor Advisor, Construction Delays, COVID Construction, COVID-19|

COVID-19 is hampering all aspects of our lives, and the construction industry is no exception.  As you continue to assess your construction projects, don’t forget that you likely have notice obligations to upstream contractors or the owner to let them know of potential delay and cost increase claims. Review Your Contract Your contract probably requires you to provide notice of delays to upstream contractors or the owner.  And, it likely [...]

18 Mar, 2020

Is the Coronavirus Infecting Your Construction Schedule?

2020-03-27T14:16:40-05:00March 18th, 2020|Construction Claims, Construction Contractor Advisor, Construction Contracts, Construction Damages, Construction Delays, COVID Construction, COVID-19, Delay Damages|

We are all feeling the impact of the Corona virus, either because we or someone we know has been exposed or it is causing changes to our schedules.  Have you given any thought about how the schedule on your project will be impacted? This could come in the way of a reduced labor force or scarcity of building materials.  Perhaps it’s time to look at your contract to see how [...]

11 Mar, 2020

A Very Bad Day Indeed

2020-03-04T07:53:57-06:00March 11th, 2020|Construction Contractor Advisor, Construction Damages, Construction Defect, Nebraska Construction Law|

As a construction attorney, I am often tasked with confronting architects and engineers on the decisions they made in planning or monitoring construction projects.  The vast majority of times, the architect or engineer is well versed in the underlying regulations and codes on which he or she based their decisions.  But sometimes, the architect or engineer admits to having no knowledge of the underlying codes and to having no previous [...]

30 Jan, 2020

Construction Contract Basics—Schedule

2020-01-29T09:32:51-06:00January 30th, 2020|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

Last week’s post on the Las Vegas Raiders’ stadium got me thinking about scheduling language in construction contracts.  Scheduling is a critically important piece of the construction contract puzzle, yet not all contracts contain firm schedules or even start dates.  This may be because the general contractor wants some flexibility as to when the work will start. But, for the subcontractor, an elusive start date can wreak havoc on its [...]

22 Jan, 2020

Scheduling on Construction Projects

2020-01-18T12:53:43-06:00January 22nd, 2020|Construction Contractor Advisor, Construction Contracts, Delay Damages|

The schedule on construction projects is often as important as the budget.  So, when I read an article that identifies significant problems with a project, but specifically notes that the general contractor says that the problems will not create any delays, I often wonder if the parties are being realistic.  I also wonder whether the subcontractors will be forced to work extra time to make up the schedule. ENR recently [...]

7 Jan, 2020

Terminated for Convenience—Now What?

2020-01-06T10:47:30-06:00January 7th, 2020|Construction Contractor Advisor, Construction Contracts, Termination|

Congratulations, you have just been awarded a big contract.  You have beaten out your competition and this project will show case your company’s talents and dedication to the industry.  You have mobilized your crew and you are ready to get to work.  Then you get the notice from the owner that the project is canceled, and you are terminated for convenience.  This is far from convenient for you, but what [...]

31 Dec, 2019

The Vagaries of Litigation

2019-12-30T07:30:19-06:00December 31st, 2019|Construction Contractor Advisor, Construction Litigation, Nebraska Construction Law|

Over the past few years, I’ve posted blogs about the Seattle Viaduct project and the problems Bertha, the tunnel-boring machine, ran into on the project.  Not surprisingly, the parties sued each other.  And, Big Bertha’s problems continued into the courtroom. As some of you may recall, Big Bertha was launched with much fanfare, then ran into a pipe and stopped working. The project was finally completed in February, 2019, three [...]

10 Dec, 2019

What is a “Waiver of Subrogation” in Construction Contracts?

2019-12-07T12:15:51-06:00December 10th, 2019|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Subrogation|

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 it. What is Subrogation? Legally speaking, subrogation is a concept that allows an insurance company that has paid a loss [...]

6 Sep, 2019

Can a General Contractor Be Liable for a Subcontractor’s Employee’s Injury?

2019-09-05T09:08:32-05:00September 6th, 2019|Construction Contractor Advisor, Nebraska Construction Law, Risk Management|

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. A general contractor that retains control over a subcontractor’s work has a duty to use reasonable care to prevent injuries [...]

16 Aug, 2019

Will You Get Paid for Delays? No Damage for Delay Clauses Say No. 

2019-08-16T14:47:48-05:00August 16th, 2019|Construction Contractor Advisor, Nebraska Construction Law, No-damage-for-delay|

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. What is a No Damage for Delay Clause A no-damage-for-delay clause is just that, a clause that explains that if [...]

24 Jul, 2019

Your Final Pay Application IS Your Final Pay Application

2019-07-23T08:30:19-05:00July 24th, 2019|Construction Contractor Advisor, Pay Application|

As the project is winding down, it is crucial that you include all remaining claims in your final pay application.  A recent Nebraska Court of Appeals decision drove this point home when it ruled that a contractor was not entitled to additional compensation it requested after submitting its final pay application. In ARR Roofing, LLC v. Nebraska Furniture Mart, Inc., ARR Roofing was hired to replace the roof and decking [...]

20 Jun, 2019

Make Sure to Pass on Subcontractor Claims

2019-06-19T09:18:13-05:00June 20th, 2019|Construction Contractor Advisor, Construction Damages, Liquidating Agreement|

When a contractor receives a delay claim from a subcontractor, it’s important to pass on the claim to the owner or the contractor could be liable for the subcontractor’s entire claim.  A recent decision out of New York underscores the importance of passing subcontractor claims to the owner. In the case Rad and D’Aprile, Inc.v Ariel Construction Corp., the subcontractor, Rad, made a claim for delay damages to the general [...]

14 May, 2013

The Construction Industry is Better Off with Attorneys

2018-04-23T23:55:18-05:00May 14th, 2013|Construction Contractor Advisor, Litigation|

The Viewpoint in the latest Engineering News Record (ENR), Lawyer as Constructor?,raised an interesting point – whether the construction industry is better off having attorneys involved in the construction process.  The author thinks not, that the use of construction attorneys has taken over the construction process and slowed projects down immeasurably.  I have no doubt that once attorneys get involved the process can slow down, but delays on projects are [...]

15 Jan, 2013

Protecting Your Rights as a Subcontractor

2013-01-15T08:00:31-06:00January 15th, 2013|Subcontractor|

You know the drill – you learn about a project and you submit a bid. The bid is usually your own form, setting forth cost of materials and labor, and your contact information. This bid is an opportunity for you to incorporate some terms to improve your bargaining position with the general contractor. Some terms to consider are: Void Date. You could make your bid void unless it is accepted, [...]

27 Dec, 2012

A Year in Review—Know Thy Contract

2012-12-27T14:20:12-06:00December 27th, 2012|Breach of Contract, Construction Contracts|

As we wind down 2012, it’s a good time to look back and see where we've been. If the Construction Contractor Advisor had any themes beyond construction law, they were to know the terms of the contract and comply with those terms. Know Your Contract Every week I read about disputes that were caused by the parties’ differing interpretations of their obligations under a contract. These disputes often times relate to: Scope [...]

21 Aug, 2012

The Difficulties of Litigating a Construction Claim

2012-08-21T10:12:43-05:00August 21st, 2012|Litigation, Nebraska Construction|

Litigating a construction claim can be difficult. Figuring out which claims you have against the various parties can often times take months to figure out. A recent case out of South Carolina illustrates these difficulties. In Ross Dress For Less, Inc. v. Lauth Const. Group, LLC, a developer hired a general contractor to build a warehouse. The general contractor hired a geotechnical engineer to inspect and test the soil to [...]

9 Aug, 2012

What Happens if the Person Signing the Contract Doesn’t Have the Authority to Sign?

2012-08-09T16:05:57-05:00August 9th, 2012|Breach of Contract, Government Contracting|

You have to deal with a big mess.  A recent case from the Board of Contract Appeals illustrates some problems that can occur.  In CPR Restoration, LLC v. Department of Veterans Affairs, CPR performed $280,000.00 worth of restoration and cleaning services and then sought payment from the VA. The VA refused, claiming that the individual that signed the contract was not authorized to sign the contract. CPR brought a claim [...]

24 Jul, 2012

Forum Selection Clauses – Are You Reviewing Them?

2012-07-24T08:09:13-05:00July 24th, 2012|Construction Contracts, Forum Clause|

Construction contracts often times contain forum selection clauses, especially when the general is from out of town. Are you reviewing your contracts to see where you might have to litigate--at home or somewhere far away? What are forum selection clauses? Forum selection clauses dictate where litigation stemming from the project may be brought. Forum selection clauses may be voluntary, in that the parties to the contract consent to the jurisdiction [...]

10 Jul, 2012

Who’s Responsible for Safety on Your Job Site?

2012-07-10T07:11:16-05:00July 10th, 2012|Construction Contracts, Employee Safety|

Whether you are a general contractor or subcontractor, do you pay attention to those provisions of the contract that dictate who is responsible for the safety of your workers? If a worker is injured on the job site, the safety provisions may play a significant role in determining who is liable for the worker’s injuries. A recent Indiana Supreme Court case addressed this very issue. In that case, a concrete [...]

7 Jun, 2012

Setting Up a Contract Administration System, Part II

2012-06-07T08:15:39-05:00June 7th, 2012|Construction Contracts, Construction Law, Nebraska Construction|

As promised, here are a few more necessary steps to set up a Contract Administration System. You can find the first two steps here. Today, we’ll discuss contract risks and the theories you may pursue to recover your damages, along with checklists for making common claims. Who is Responsible for the Risk? It is important to consider who is responsible for the risk associated with the project. When considering who [...]

1 May, 2012

Are you Communicating with Your Bonding Company about Claims?

2012-05-01T14:50:01-05:00May 1st, 2012|Bond Claims, Construction Law|

How well do you communicate with your bonding company when you receive notice of a claim? A recent case out of Indiana highlights the problems that can occur if you do not investigate the claims and timely report back to the bonding company. In this case, the bonding company was contacted by various subcontractors demanding payment. The bonding company called the contractor to investigate the claim. It took several weeks [...]

Go to Top