Your Contract is a Hodgepodge of Conflicting Proposals
Posted in Construction Contracts
Ouch. That’s what a court called a contract to remediate petroleum contamination at a number of gas stations in New York. Sometimes, it’s hard to believe the contracts that get signed. Environmental Risk hired Science Applications to remediate petroleum contamination at 47 … Continue reading
The Ghosts of Projects Past
Posted in Construction Claims
Sean Minahan, one of my partners, and I were discussing a construction dispute the other day and we commented again and again about the significant organization required to get a construction project to completion. From the contracts, to the schedule, … Continue reading
Changing Course Midstream Did Not Work in River Dredging Project
Posted in Construction Contracts, Government Contracting
A contractor learned a $12M lesson when it tried to change course on a Corps of Engineer river dredging project. The case also illustrates the importance of documenting problems on a project and providing notice of those problems to … Continue reading
Are Defense Costs In Addition to Policy Limits?
Posted in Insurance coverage
I recently had a discussion with an insurer about whether defense costs were included within the policy limits of a client’s coverage or in addition to policy limits. This was an important discussion because if costs of defense were included … Continue reading
Happy Thanksgiving
Posted in Uncategorized
I hope you and your family are enjoying some well earned time off this Thanksgiving. Today’s post provides me an opportunity to thank everyone who gave me ideas for the blog and I thank you for reading it. I’d also … Continue reading
The Secret to an OSHA Inspection
Posted in OSHA
Wouldn’t it be nice to know ahead of time what an OSHA inspector will be looking for when he comes to your work site? Well, I know the secret. And, it’s not really a secret. Just look at OSHA’s top ten … Continue reading
Arbitration Clauses—Where will you be arbitrating?
Posted in Arbitration
I had the pleasure of speaking at the National Association of the Remodeling Industry (NARI) Education Day earlier this month. During my presentation, “The Myth of the One Year Warranty”, we discussed the impact of arbitration clauses in construction contracts … Continue reading
Know Your Obligations Under Both the Prime Contract and Subcontract
Posted in Construction Contracts, Uncategorized
A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner. In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the … Continue reading
Location, location, location—even in construction liens
Posted in Construction Lien
We all know the importance of filing a construction lien within 120 days of your last work. Nebraska Construction Lien Act, § 52-137. But, equally, if not more important is filing the construction lien on the correct property. … Continue reading
Be Careful When Requiring Fitness for Duty Examinations
Posted in Employee Safety
Fitness for Duty examinations can be an important part of an employer’s hiring and retention protocol. The Nebraska Supreme Court recently clarified when an employer may require applicants and employees to undergo fitness for duty examinations. In Arens v. … Continue reading
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