Latest News

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 [...]

16 Jun, 2021

How Should You Respond to An Accident on the Jobsite?

2021-06-12T09:43:38-05:00June 16th, 2021|Accident Investigation, Construction Contractor Advisor, OSHA|

If you have ever experienced a serious accident on the jobsite, you know it can be an incredibly stressful experience.  Having a plan in place setting forth how you expect employees to respond will help your company respond competently and quickly to an accident.  Here are a few things to consider for your plan: Prepare a checklist of how you want employees to respond to an accident, including: Who should [...]

26 May, 2021

Contractors Do NOT Have to Record Vaccine Reactions

2021-05-25T08:18:30-05:00May 26th, 2021|Construction Contractor Advisor, COVID-19, Nebraska Construction Law, Vaccination|

On May 21, 2021, OSHA reversed course on employer-required COVID-19 vaccinations, no longer requiring employers to record vaccine reactions.  This is a great step forward for employers and is supported by both industry groups and labor unions. As you may recall, last February OSHA originally mandated that if an employer required employees to get a vaccine, an employee’s adverse reaction to the vaccination must be recorded in their OSHA 300 [...]

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 [...]

17 Feb, 2021

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

2021-02-13T12:54:55-06:00February 17th, 2021|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Termination|

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 [...]

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 [...]

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 [...]

5 Aug, 2020

FIGG Bridge–Debarred for 10 Years?

2020-08-04T07:34:32-05:00August 5th, 2020|Construction Contractor Advisor, Debarred, Federal Construction Projects|

The Department of Transportation’s Federal Highway Administration (FHWA) suspended FIGG Bridge Engineers, Inc. from participating in any federally funded projects and has proposed a 10-year debarment, which would bar FIGG from performing work on any federally funded or assisted projects. The FHWA decision to bar FIGG is based on FIGG’s involvement with the 2018 pedestrian bridge collapse at Florida International University’s campus.  As you may recall, the collapse killed six [...]

15 Jul, 2020

Buy-Sell Agreements-An Important Tool for your Construction Company

2020-07-11T09:40:10-05:00July 15th, 2020|Construction Contractor Advisor, Corporate Formalities|

Having a well drafted Buy-Sell Agreement is as important as having the right tool for the job. A recent Nebraska Supreme Court opinion serves as a reminder of this fact or you could spend thousands of dollars and years litigating about rights and interests in the company. This case involved three individuals who owned a construction company in Kearney, Nebraska.  The majority shareholder passed away in 2015 and the deceased’s [...]

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 [...]

6 May, 2020

OSHA Relaxes Compliance Obligations

2020-05-02T08:53:31-05:00May 6th, 2020|Construction Contractor Advisor, OSHA|

Recognizing the difficulties employers are facing during the ongoing pandemic, the Occupational Safety and Health Administration (“OSHA”) released an enforcement memo, entitled “Discretion in Enforcement when Considering an Employer’s Good Faith Efforts during the Coronavirus Disease 2019 (COVID-19) Pandemic.”  This guidance relaxes enforcement for failures to provide annual training or conduct other routine audits due to COVID-19. In the memo, OSHA stated that during an inspection, Compliance Officers should evaluate [...]

29 Apr, 2020

You’ve Received COVID-19 Notice of Delay—Now What?

2020-04-25T09:20:09-05:00April 29th, 2020|Construction Contractor Advisor, Construction Delays, Nebraska Construction|

The coronavirus is interrupting life as we know it, including construction projects.  Throughout the country, contractors are issuing notices of schedule delays and how you respond to such a notice will be crucial to protecting your rights under your contract.  Here are some topics to consider when reviewing a notice of delay. Review the Entire Notice This may seem obvious, but dig into the notice to fully understand the basis [...]

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.  [...]

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 [...]

5 Mar, 2020

Do I Have Insurance for That?  CGL Insurance Coverage Questions

2020-03-02T09:09:49-06:00March 5th, 2020|Commercial General Liability (CGL), Construction Contractor Advisor|

We get a lot of calls from contractors asking about whether they have coverage under their Commercial General Liability insurance for a construction defect claim.  The short answer is always--Maybe.  An assessment of the claim requires a review of your policy and, equally important, which state’s law will interpret the claim. The first question, and often times only question, to be answered is whether the damage caused by the construction [...]

26 Feb, 2020

Can I Borrow Your Backhoe? 

2020-02-22T12:21:51-06:00February 26th, 2020|Construction Contractor Advisor, Construction Insurance, Nebraska Construction Law|

Borrowing equipment is a common occurrence on construction sites.  But, it’s riskier than you might think.  There could be a number of questions about whose insurance is responsible to pay for damages should something go wrong. The Situation A fellow subcontractor has asked to borrow your backhoe for the remainder of the day.  You don’t need it for the work you are doing, so you let him borrow it.  The [...]

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 [...]

15 Jan, 2020

Construction Contract Basics—Scope of Work

2020-01-11T10:37:04-06:00January 15th, 2020|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law, Scope of Work|

This year, every other blog post will address common construction contract clauses. My hope is that my readers will either find the content a good refresher or provide a new understanding of common construction clauses.  Today, I’ll address the Scope of Work provision. Some contractors and construction attorneys would argue that the Scope of Work provision in the contract is the most important section because it defines what a contractor [...]

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 [...]

22 Nov, 2019

A Bond is NOT Insurance

2019-11-22T09:23:13-06:00November 22nd, 2019|Bond Claims, Construction Contractor Advisor, Insurance coverage, Nebraska Construction Law|

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 is intended to protect the insured.  The cost of insurance is calculated by the insurer based on how many claims [...]

14 Nov, 2019

What Can You Do to Get Paid on Your Project?

2019-11-13T18:47:44-06:00November 14th, 2019|Construction Contractor Advisor, Construction Contracts, Getting Paid|

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 upstream contractor’s hands. And, a number of factors will figure into the analysis. A few things I would want to [...]

23 Oct, 2019

Construction Contracts—Considering the Long Game

2019-10-21T13:47:45-05:00October 23rd, 2019|Attorney Fees, Construction Contractor Advisor, Construction Contracts|

 A recent case out of Maryland ruled that a subcontractor must pay a general contractor $2,500,000 for construction defects arising out of a 2004 project.  Now, the case did take three years to wind its way through the courts, but would you be ready to defend even a 12-year-old claim?  Would you have kept the contract and documents related to the project?  Background This project involved the construction of a [...]

13 Sep, 2019

Do You Have Lien Rights under a Pay-if-Paid Contract?

2019-09-11T10:18:30-05:00September 13th, 2019|Construction Contractor Advisor, Construction Contracts, Construction Lien, Pay-if-Paid|

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 clause. The real difference is that a pay-when-paid clause simply allows a contractor a reasonable amount of time by which [...]

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 [...]

22 Aug, 2019

Filing Your Construction Lien on Time

2019-08-19T14:46:36-05:00August 22nd, 2019|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

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.  This means that we submitted the lien on-line and waited for a Douglas County employee to review the lien and [...]

1 Aug, 2019

Waiving Goodbye to Liquidated Damages

2019-08-01T09:37:40-05:00August 1st, 2019|Construction Contractor Advisor, Construction Contracts, Liquidated Damages, Nebraska Construction|

Construction contracts often contain liquidated damage provisions, requiring a contractor to pay a set amount for each day the project is delayed.  But, as the Nebraska Supreme Court recently ruled, in U.S. Pipeline v Northern Natural Gas, an owner can waive liquidated damages where its actions induce the belief that the owner intended to waive liquidated damages. In this case, the parties agreed that the work would be done in [...]

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 [...]

19 Jul, 2019

What Is the Work?

2019-07-23T07:45:14-05:00July 19th, 2019|Construction Contractor Advisor, Construction Contracts|

When you review a construction contract, are you also reviewing the description of the Work that you’ll be doing?  I mean, are you really looking at that section to make sure that it accurately describes what you will be doing, and perhaps more importantly, it identifies Work that you will not be doing?  I recommend that you spend a few extra minutes with your contracts to make sure the Work [...]

2 Jul, 2019

Nebraska Construction Liens–How long do they last?

2019-06-29T11:18:30-05:00July 2nd, 2019|Construction Contractor Advisor, Construction Lien|

This is a continuation of the series of blogs on preserving your rights to get paid on a construction project.  The most effective tool you have to get paid is by filing a construction lien.  But, there’s a lot to consider before you file that lien.  This blog will cover how long your lien will last once it is filed. The Nebraska Construction Lien Act provides that your lien will [...]

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