Differing Site Conditions Archives - Lamson Dugan & Murray LLP

10 Mar, 2023

Winning Isn’t Everything . . . Unless You Can Collect: The Nebraska Supreme Court’s Recent Cautionary Holding

Callie Kanthack2023-05-03T08:52:00-05:00March 10th, 2023|Construction Contractor Advisor, Latest News, Nebraska Construction Law|

Unfortunately, winning a case does not guarantee that you will collect money. The court is not responsible for collecting the judgment. Rather, if the judgment debtor (losing party) does not voluntarily pay the judgment to the judgment creditor (winning party), the judgment creditor must take action to collect. For construction cases, the issue becomes more complicated and nuanced where a construction lien is filed on real property owned by a [...]

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected.

Craig Martin2023-01-14T07:59:25-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated. What is your best course of action? First, look at your contract. Do you have a differing site conditions or changed conditions clause? Absent such a clause, you may be required to assume any additional difficulty, burden, or expense. However, even in the absence of such a clause, [...]

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected

Andrew Wilkinson2023-01-16T01:00:38-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated. What is your best course of action? First, look at your contract. Do you have a differing site conditions or changed conditions clause? Absent such a clause, you may be required to assume any additional difficulty, burden, or expense. However, even in the absence of such a clause, [...]

7 Aug, 2014

What’s Your Theory of Recovery?

Craig Martin2018-04-23T23:55:13-05:00August 7th, 2014|Construction Contractor Advisor, Construction Litigation|

Clients often times present problems with a project and explain the need to be compensated for the problems experienced. But, having a consistent theory for recovery and evidence that supports that theory is always paramount to recovery. I was reminded of this perhaps obvious corollary when reviewing an Armed Services Board of Contract Appeals decision. The appeal involved a $35 million request for additional compensation based on differing site conditions, [...]