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10 Apr, 2020

Gov. Ricketts Adds Additional Businesses to State’s Directed Health Measure

Lisa Cole2020-04-10T09:17:04-05:00April 10th, 2020|COVID Legislative, COVID-19|

Additions to the Statewide DHM All beauty/nail salons, barber shops, massage therapy services, gentlemen’s clubs, bottle clubs, indoor theatres, and tattoo parlors/studios are closed until April 30, 2020. All organized team sports, youth and adult, including but not limited to club sports are suspended until May 31, 2020. Auto racing is now specifically listed in the social gathering section. Drivers and their crews are considered patrons/invitees not staff. See full [...]

8 Apr, 2020

Construction Site Safety–Striking a Balance with COVID-19

Craig Martin2020-04-07T17:22:09-05:00April 8th, 2020|Construction Contractor Advisor, COVID Workers' Compensation|

Construction projects are still humming along in the Midwest. But, this is only happening with construction companies making adjustments to their daily operations to protect employee safety. Here are a few measures the industry is taking to minimize the risk of COVID-19 to employees. AGC is recommending a nationwide Safety Stand-Down ABC is recommending Covid-19 based Tool Box Talks; alcohol-based hand sanitizer and wash stations throughout the worksite; requiring and [...]

7 Apr, 2020

Temporary Disability Issues Facing Employers In Light Of COVID-19

Lisa Cole2020-06-25T14:17:40-05:00April 7th, 2020|COVID Workers' Compensation, COVID-19|

NEBRASKA 1. If somebody was on modified duty and due to the virus the employer is shutting down, are we responsible to pick up TD? Nebraska courts require employers to pay temporary disability benefits until the sooner of two events: (1) the worker reaches maximum medical improvement, or (2) the worker returns to work. Unless and until the Nebraska Workers’ Compensation Act were to be amended in subsequent legislative [...]

7 Apr, 2020

Nebraska Chief Justice Issues Second Order Regarding Coronavirus and COVID-19

Lisa Cole2020-04-07T16:02:23-05:00April 7th, 2020|COVID Legislative, COVID-19|

Tuesday, April 7, 2020 Below is the Administrative Order signed April 6, 2020, by Nebraska Supreme Court Chief Justice Mike Heavican regarding Novel Coronavirus and COVID-19 Disease. Read the Second Order: 4.6.20 - Administrative Order Regarding Novel Coronavirus and COVID-19 Disease Read the First Order: 3.12.20 - S-20-247: Administrative Order Regarding COVID-19 preparedness Read Chief Justice Heavican’s Memoranda regarding the essential services provided by state courts: Our State Courts Remain Open (3.20.20) [...]

7 Apr, 2020

Judicial Response to COVID-19 Summary

Lisa Cole2020-04-07T15:53:08-05:00April 7th, 2020|COVID Court, COVID-19|

Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into place for the [...]

6 Apr, 2020

Judicial Response to COVID-19 – UPDATES x2

Lisa Cole2020-04-06T11:18:44-05:00April 6th, 2020|COVID Court, COVID-19|

Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into place for the [...]

1 Apr, 2020

DOL published regulations providing guidance on paid leave under the Families First Coronavirus Response Act

Lisa Cole2020-04-01T16:30:34-05:00April 1st, 2020|COVID Business, COVID-19|

The DOL published regulations providing guidance on paid leave under the Families First Coronavirus Response Act. This temporary rules provides critical guidance on a number of topics related the FFCRA including conditions that a business under 50 may be excluded from the provisions of the law. Link to rules: https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA.pdf If you have questions about DOL regulations, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

1 Apr, 2020

Judicial Response to COVID-19 – UPDATES

Lisa Cole2020-04-01T16:24:27-05:00April 1st, 2020|COVID Court, COVID-19|

Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into place for the [...]

1 Apr, 2020

COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs

Lisa Cole2020-04-01T16:05:56-05:00April 1st, 2020|COVID Business, COVID-19|

The IRS has issued important guidance for employers answering many questions regarding tax credits for payments made under the Families First Coronavirus Response Act. Included in the questions and answers is specific guidance on documents employers will need to substantiate their eligibility for the credits. Link: https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-required-paid-leave-provided-by-small-and-midsize-businesses-faqs If you have questions about the Families First Coronavirus Response Act, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

1 Apr, 2020

Paycheck Protection Program Application Form

Lisa Cole2020-04-01T14:27:10-05:00April 1st, 2020|COVID Business, COVID-19|

Click the link for the Paycheck Protection Program Application Form: https://www.sba.gov/sites/default/files/2020-03/Borrower%20Paycheck%20Protection%20Program%20Application.pdf If you have questions about the Small Business Paycheck Protection Program, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

1 Apr, 2020

PAYCHECK PROTECTION PROGRAM (PPP) INFORMATION SHEET: BORROWERS

Lisa Cole2020-04-01T14:24:15-05:00April 1st, 2020|COVID Business, COVID-19|

The Paycheck Protection Program (“PPP”) authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. All loan terms will be the same for everyone. The loan amounts will be forgiven as long as: The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8 week period after the loan is made; and Employee [...]

1 Apr, 2020

SMALL BUSINESS PAYCHECK PROTECTION PROGRAM

Lisa Cole2020-04-01T13:49:10-05:00April 1st, 2020|COVID Business, COVID-19|

The Paycheck Protection Program provides small businesses with funds to pay up to 8 weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities. Fully Forgiven Funds are provided in the form of loans that will be fully forgiven when used for payroll costs, interest on mortgages, rent, and utilities (due to likely high subscription, at least 75% of the forgiven [...]

1 Apr, 2020

Gov. Ricketts Announces 11 Counties in South-Central Nebraska Now Included in State’s Directed Health Measure

Lisa Cole2020-04-01T13:03:48-05:00April 1st, 2020|COVID Health Care, COVID-19|

LINCOLN – Today, Governor Pete Ricketts announced that the State’s sixth and seventh COVID-19 related Directed Health Measures (DHMs) include Adams, Buffalo, Clay, Dawson, Franklin, Gosper, Harlan, Kearney, Nuckolls, Phelps, and Webster counties. They will be in effect beginning today at 10:00pm and will last until May 11th unless renewed. The quarantine measures are for individuals who are COVID-19 positive or develop fever, sudden onset of a dry cough, or sudden onset [...]

1 Apr, 2020

Gov. Ricketts Signs Executive Order Giving Flexibility to Healthcare Facilities, Announces Safety Guidelines for Nursing Homes

Lisa Cole2020-04-01T13:01:00-05:00April 1st, 2020|COVID Health Care, COVID-19|

LINCOLN – Today, Governor Pete Ricketts announced a new executive order to give healthcare facilities greater flexibility to respond to coronavirus 2019 (COVID-19). The purpose of the order is to enable healthcare facilities to expand capacity as the need arises. Among other changes, the Governor’s order accomplishes the following: Waives time limits for how long Critical Access Hospitals and Ambulatory Surgical Centers may keep patients. Waives the time limit on complex [...]

31 Mar, 2020

U.S. Department of Health and Human Services Guidance on applicability of HIPAA during the Coronavirus Pandemic

Lisa Cole2020-03-31T16:08:52-05:00March 31st, 2020|COVID Health Care, COVID-19|

February 2020 Office for Civil Rights, U.S. Department of Health and Human Services BULLETIN: HIPAA Privacy and Novel Coronavirus In light of the Novel Coronavirus (2019-nCoV) outbreak, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) is providing this bulletin to ensure that HIPAA covered entities and their business associates are aware of the ways that patient information may be shared under the [...]

31 Mar, 2020

An Overview of the CARES Act Tax Implications

Lisa Cole2020-03-31T10:52:27-05:00March 31st, 2020|COVID Tax, COVID-19|

The CARES Act revised, relaxed and created a number of new tax policies for businesses. While a number of these are still being clarified with respect to interpretation and implementation, they are worth looking at and being aware of. The primary focus for a number of business is the Paycheck Protection Program, but there are several others worth noting as well. There are a number of options under the Act [...]

31 Mar, 2020

Construction Contractors and the CARES Act

Craig Martin2020-03-28T10:19:33-05:00March 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. [...]

30 Mar, 2020

CORONAVIRUS EMERGENCY LOANS – Small Business Guide and Checklist

Lisa Cole2020-03-30T16:35:41-05:00March 30th, 2020|COVID Business, COVID-19|

The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $350 billion to help small businesses keep workers employed amid the pandemic and economic downturn. Known as the Paycheck Protection Program, the initiative provides 100% federally guaranteed loans to small businesses. Importantly, these loans may be forgiven if borrowers maintain their payrolls during the crisis or restore their payrolls afterward. The administration soon will release more details including the list [...]

30 Mar, 2020

All Chapter 7, 11, 12, and 13 meetings of creditors scheduled after April 1, 2020 for all locations in Nebraska will be conducted by telephone until further notice

Lisa Cole2020-03-30T16:30:32-05:00March 30th, 2020|COVID Bankruptcy, COVID-19|

In an effort to reduce the spread of Covid-19, all Chapter 7, 11, 12, and 13 meetings of creditors scheduled after April 1, 2020 for all locations in Nebraska will be conducted by telephone until further notice. Debtors, attorneys, creditors, and others may not appear in person. Debtors, their counsel, and any creditors who wish to participate in any 341 meetings scheduled after April 1, 2020 must call the toll-free [...]

27 Mar, 2020

Dismissal of Federal Railroad Safety Act, § 20109, Whistleblower/Discrimination Complaint

Lisa Cole2020-03-27T16:31:33-05:00March 27th, 2020|Latest News|

Attorneys Tyler Spahn and Nichole Bogen obtained the dismissal of a Federal Railroad Safety Act (“FRSA”), § 20109, complaint on behalf of the railroad following a hearing before a U.S. Department of Labor Administrative Law Judge. The employee claimed his dismissal from the railroad for being absent without leave was discrimination for reporting work-related injury and argued that he only had to show he attempted to comply with the railroad’s leave [...]

27 Mar, 2020

Families First Coronavirus Response Act COVID-19 Poster & FAQ’s

Lisa Cole2020-03-27T13:25:10-05:00March 27th, 2020|COVID Employment, COVID-19|

Family First Coronavirus Response ACT COVID-19 Poster and Frequently Asked Questions links below. Link: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf FAQ's: https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have questions about the First Coronavirus Response Act, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

27 Mar, 2020

DOL Publishes Initial Guidance & Employee Notice Regarding Family First Coronavirus Response Act

Lisa Cole2020-03-27T13:27:37-05:00March 27th, 2020|COVID Employment, COVID-19|

The DOL has provided a comprehensive Q&A document explaining and outlining some of the most common questions related to the Families First Coronavirus Response Act including guidance on counting employees to determine if your company meets the 500 employee threshold and the circumstances that intermittent leave under the law is available. Link: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions If you have questions about the First Coronavirus Response Act, please give Senior Counsel Attorney, Eric Tiritilli [...]

27 Mar, 2020

Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances

Craig Martin2020-03-27T14:17:19-05:00March 27th, 2020|Construction Contractor Advisor, COVID Construction|

Concerns surrounding COVID-19 are not just related to construction projects and contracts. You need to make sure you are personally ready to deal with COVID-19. Here is an article from one of my partners discussing the importance of putting in place Powers of Attorney to make sure you have someone making health care and financial decisions for you should you become incapacitated. https://www.ldmlaw.com/2020/03/why-your-covid-19-planning-should-include-durable-powers-of-attorney-for-health-care-and-finances/

26 Mar, 2020

Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances

Sean Minahan2020-03-27T13:28:50-05:00March 26th, 2020|Best Practices, COVID Estate Planning, COVID-19, Farm Management, Midwest Agricultural Law|

At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get through this together. We add to that our commitment to continue addressing the legal concerns of existing and new clients as steadfastly as always. In the realm of legal matters, there is an important [...]

26 Mar, 2020

Refresher on Nebraska Ag Liens Pt. 7: Seed and Electricity Lien

Sean Minahan2020-04-13T09:39:37-05:00March 26th, 2020|Midwest Agricultural Law|

- A lien for the person who supplies seed or electrical power used in crop production- Although not exactly peanut butter and chocolate, the Nebraska legislature decided to shoehorn lien protections for the seed dealer and electric company into one statute. It is important to note that the dealer and power district do not have a lien on all crops, but only those "crops produced from the seed furnished or [...]

26 Mar, 2020

LDM COVID-19 Resource Center

Lisa Cole2020-03-26T15:46:50-05:00March 26th, 2020|Latest News|

Please take time to check out our newly added COVID-19 Resource Center link on our website. We have recently set up the Resource Center as an important site to provide information to our clients as to how the pandemic may affect their personal life, business and any current or future legal issues. Please take a look and let us know if you have any questions that we can assist you [...]

26 Mar, 2020

Hospitals turn to remote monitoring tools to free up beds – STAT

Lisa Cole2020-03-27T13:29:50-05:00March 26th, 2020|COVID Health Care, COVID-19|

Desperate to free up beds for only the sickest Covid-19 patients, hospitals nationwide are weighing the use of new technologies to monitor patients from their homes. See the full article here: https://www.statnews.com/2020/03/25/coronavirus-hospitals-weigh-remote-patient-monitoring-tools/ If you have questions about this article, please give Partner Attorney, Denise Destache a call at 402-397-7300.

26 Mar, 2020

Judicial Response to COVID-19

Lisa Cole2020-03-27T13:39:55-05:00March 26th, 2020|COVID Court, COVID-19|

Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into place for the [...]

26 Mar, 2020

COVID-19 and the Fair Labor Standards Act: Questions and Answers

Lisa Cole2020-03-27T13:44:54-05:00March 26th, 2020|COVID Employment, COVID-19|

Here is a link to frequently asked questions about the Fair Labor Standards Act: https://www.dol.gov/agencies/whd/flsa/pandemic If you have questions about how the Fair Labor Standards Act will impact you or your business, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

26 Mar, 2020

Preparing to Provide Paid Sick and FMLA Leave

Lisa Cole2020-03-27T13:45:37-05:00March 26th, 2020|COVID Employment, COVID-19|

The Families First Coronavirus Response Act (“FFCRA”) has passed the Senate and signed into law by the President. It will go into effect on April 1, 2020. Among the measures included as part of the FFCRA are the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, which are aimed at: expanding paid employee leave in connection with the coronavirus emergency; and providing employers with [...]

26 Mar, 2020

Families First Coronavirus Response Act Notice – Frequently Asked Questions

Lisa Cole2020-03-27T16:43:59-05:00March 26th, 2020|COVID Employment, COVID-19|

Here is a link to frequently asked questions about the Families First Coronavirus Response Act Notice https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have questions about how the Families First Coronavirus Response Act will impact your business, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

26 Mar, 2020

Gov. Ricketts Issued an Executive Order to Prevent Evictions of Nebraskans Significantly Impacted by COVID-19

Lisa Cole2020-03-27T14:00:38-05:00March 26th, 2020|COVID Legislative, COVID-19|

Gov. Ricketts issued an executive order to prevent evictions of Nebraskans significantly impacted by COVID-19. The order prevents the eviction of renters unable to pay rent due on or after March 13th because of the COVID-19 pandemic. The Governor indicated that the relief is intended for those who have become ill, lost income due to job loss or wage reductions, or missed work to care for a loved one (e.g., [...]

25 Mar, 2020

COVID-19 Employers Best Practices

Lisa Cole2020-03-27T14:01:51-05:00March 25th, 2020|COVID Employment, COVID-19|

The COVID-19 (coronavirus) has changed all our lives. Employers and employees are rightfully concerned about the COVID-19 virus and how it will affect each one of us. Employers, like you, are concerned with how to address the challenges presented by COVID-19. Meanwhile, employees are concerned with what it will mean for them. We have been carefully monitoring events and are prepared to help you navigate this unchartered territory. We wanted [...]

25 Mar, 2020

Why Your Coronavirus (COVID-19) Planning Should Include Durable Powers of Attorney for Health Care and Finances

Lisa Cole2020-03-27T14:02:42-05:00March 25th, 2020|COVID Estate Planning, COVID-19|

At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get through this together. We add to that our commitment to continue addressing the legal concerns of existing and new clients as steadfastly as always. In the realm of legal matters, there is an important step [...]

25 Mar, 2020

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

Craig Martin2020-03-27T14:15:50-05:00March 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?

Craig Martin2020-03-27T14:16:40-05:00March 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 [...]

12 Mar, 2020

Partner Craig Martin – Keynote Speaker

Lisa Cole2020-03-12T11:05:25-05:00March 12th, 2020|Latest News|

Craig Martin, a partner at Lamson Dugan & Murray LLP, was the keynote speaker at the Construction Law Seminar hosted by Goldleaf Surety Services on Tuesday, March 10th. Goldleaf Surety Services helps contractors and other businesses obtain the assistance needed to secure bonds. Mr. Martin discussed the following topics: Contract Clauses—What they mean and suggestions to revise the contract Chasing Payment—Following the contract, filing a lien, and litigation This seminar [...]

11 Mar, 2020

A Very Bad Day Indeed

Craig Martin2020-03-04T07:53:57-06:00March 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

Craig Martin2020-03-02T09:09:49-06:00March 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 [...]

3 Mar, 2020

Partner Nichole Bogen – NE Supreme Court Win

Lisa Cole2020-03-03T14:36:52-06:00March 3rd, 2020|Latest News|

On an issue of first impression, the Nebraska Supreme Court recently held that the district court lacked general personal jurisdiction over a corporation in Nebraska for an injury occurring in Texas. In Lanham, the plaintiff injured himself when he struck and broke his foot with a sledgehammer while removing clips on a track project near Houston, Texas. At the time, he was a resident of Nebraska working on a Texas [...]

26 Feb, 2020

Can I Borrow Your Backhoe?

Craig Martin2020-02-22T12:21:51-06:00February 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 [...]

25 Feb, 2020

Production Contracts for Livestock, Swine, and Poultry—Required Disclosures

Sean Minahan2020-02-26T11:19:31-06:00February 25th, 2020|Breach of Contract, Farm Management, Midwest Agricultural Law|

The U.S.D.A Grain Inspection, Packers, and Stockyard Administration (GIPSA) continues to catch producers being off guard and assessing civil penalties in excess of $1,500—per contract—or other civil actions for marketing and production contracts which do not meet minimum federal requirements. If your contract does not meet the minimum standards it should be cancelled and replaced with a new compliant contract, which includes the appropriate required disclosures. GIPSA requires generous considerations [...]

19 Feb, 2020

Do You Want to Pay your Subcontractor’s Employee’s Wages?

Craig Martin2020-02-15T10:35:53-06:00February 19th, 2020|Construction Contractor Advisor, Construction Contracts, Subcontractor|

The simple answer is “Of course not!”. But are you taking any precautions to make sure that it doesn’t happen to you? How can this happen? We’ve all heard the stories of a subcontractor that failed to pay its laborers prevailing wages on a Davis Bacon project. Typically, the Department of Labor catches this failure to properly pay employees in an audit of the project. If the subcontractor doesn’t have [...]

18 Feb, 2020

Craig Martin – Presenter at the 2020 NUCA of Nebraska Annual Conference & Projects Preview

Lisa Cole2020-02-18T12:19:34-06:00February 18th, 2020|Latest News|

Craig Martin, a partner at Lamson Dugan & Murray LLP, was a presenter at the 2020 NUCA of Nebraska Annual Conference & Projects Preview. The National Utility Contractors Association of Nebraska is the leading trade association and voice for the utility construction and excavation industry in Nebraska. It serves as the driving force for improving conditions in the underground utility construction industry, for both open-cut and trenchless contractors. Mr. Martin presented on [...]

12 Feb, 2020

OFCCP Updates the Construction Contractor Technical Assistance Guide

Craig Martin2020-02-08T13:36:34-06:00February 12th, 2020|Affirmative Action Plan, Construction Contractor Advisor, Office of Federal Contract Compliance Programs (OFCCP)|

The OFCCP recently updated the Construction Contractor Technical Assistance Guide (TAG) to help federal construction contractors better comply with their Affirmative Action obligations and reporting obligations. Below we review some of the key information provided in the TAG. Executive Order 11246 Under Executive Order 11246, contractors must “take affirmative action” through postings, notices and taglines in job postings. Contractors also have significant record retention obligations and the TAG explains what [...]

7 Feb, 2020

Partner Trent-Vilim – American Inns of Court Panelist Expert

Lisa Cole2020-02-07T14:20:47-06:00February 7th, 2020|Latest News|

Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, served as a panelist at the American Inns of Court presentation for the Omaha, Nebraska, chapter on Monday, February 3rd. The presentation, “Write Right,” discussed writing concisely, the importance of proofreading and revisions, legal ethics and writing, and resources for good writing. The event was held at Creighton University. The American Inns of Court provides a unique opportunity for newer [...]

5 Feb, 2020

Surety Hires Terminated Contractor to Finish Project

Craig Martin2020-02-03T09:20:54-06:00February 5th, 2020|Construction Contractor Advisor, Construction Defect, Construction Surety|

Imagine a situation where the property owner finds significant problems with its contractor’s work and decides to fire the contractor. The property owner promptly informs the surety seeking a replacement contractor to finish the project. The surety investigates the situation and decides to hire the terminated contractor to finish the project. Sounds a bit odd, and certainly disappointing to the owner, but this can happen and did happen in a [...]

30 Jan, 2020

Construction Contract Basics—Schedule

Craig Martin2020-01-29T09:32:51-06:00January 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 [...]

28 Jan, 2020

U.S. Supreme Court Set to Tell Us Specifics of What is Required for Specific Personal Jurisdiction

Daniel J. Hassing2020-01-29T14:39:49-06:00January 28th, 2020|Nebraska Litigation & Trial Advisor|

The long arm of personal jurisdiction. As our nation’s economy becomes increasingly interconnected, the concept of personal jurisdiction—which governs when a court can constitutionally bind a defendant with a judgment—has become all the more important. This is especially true in an era of litigation tourism where the venue in which a case has been filed can significantly impact the quality of justice the parties receive. In the past decade, the [...]

23 Jan, 2020

O’Brien and Bogen Attend NARTC Executive Meeting in Washington D.C.

Lisa Cole2020-01-23T10:23:19-06:00January 23rd, 2020|Latest News|

Partner Anne Marie O’Brien and Partner Nichole Bogen recently attended and participated in the National Association Railroad Trial Counsel’s (NARTC) winter Executive Committee meeting in Washington D.C. The NARTC is a 65 year old organization made up of the top railroad trial attorneys from across the United States and Canada. Membership in NARTC is limited to lawyers who handle litigation and/or related matters for railroads or their affiliated entities, or [...]

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