Craig Martin, Author at Lamson Dugan & Murray LLP

About Craig Martin

Mr. Martin represents contractors, subcontractors, developers, owners, materials suppliers and design professionals with their day to day legal needs and in construction disputes. He is well versed in construction contracts, including AIA, DBIA and ConsensusDocs. His goal is to provide cost-effective counsel to the construction industry.

8 Jul, 2024

Flow-Down Clauses and Waivers—a Subcontractor’s Nightmare?

Craig Martin2024-07-09T14:46:15-05:00July 8th, 2024|Construction Contractor Advisor, Construction Contracts|

Flow-down clauses are common in subcontracts, particularly when the project involves several tiers of contractors. A flow-down clause incorporates various terms of the upstream contracts into the subcontract, even if the subcontractor has not reviewed the upstream contract. And, the incorporated clauses can act as a waiver of a subcontractor’s claims. Are you reviewing your flow-down clauses and all everything that they reference? The impact of a flow-down clause was [...]

8 Dec, 2023

Open Communication and Good Contracts Keep the Peace

Craig Martin2023-12-08T11:11:12-06:00December 8th, 2023|Construction Contractor Advisor, Construction Contracts|

It is a common occurrence for a home construction project to encounter delays, whether due to a change in project scope, weather conditions, delayed building materials, or a labor shortage. These delays can cause problems which can be avoided with a simple concept: open communication and clear provisions in a construction agreement. Oftentimes, an issue arises early in the building process that, if identified and communicated early, could have been [...]

23 Oct, 2023

Is a Contractor Entitled to Prejudgment Interest on Contracts in Nebraska?

Craig Martin2023-10-23T14:54:17-05:00October 23rd, 2023|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

In a recent ruling by the Nebraska Supreme Court, the answer was YES. Nebraska’s prejudgment interest statute provides that parties are entitled to twelve percent (12%) interest per annum on money due on any instrument in writing (such as a contract), unless the parties agree on another amount or to waive contractual interest. The statute provides that the account bears interest from the date of billing unless paid within thirty [...]

16 Oct, 2023

It’s Almost Time to Submit your EEO-1 Forms

Craig Martin2023-10-16T08:13:03-05:00October 16th, 2023|Construction Contractor Advisor, EEO-1|

October 31st is fast approaching. This is important, not because that’s Halloween, but because that is the day employers may file their EEO-1 Reports. Employers completing the EEO-1 must submit and certify their workforce demographic data and must use their new Unique Entity Identification Number, not their old DUNS number. Below is some information you need to know before filing. Who is a Covered Employer? Employers are required to file [...]

31 Jul, 2023

Preparing for OSHA’s Proposed Changes to PPE Rules

Craig Martin2023-07-31T08:10:50-05:00July 31st, 2023|Construction Contractor Advisor, OSHA, PPE|

Earlier this month, OSHA announced that it is seeking to revise the national Personal Protective Equipment (PPE) standard for the construction industry to make clear that PPE must fit each employee properly. OSHA’s proposed revision to the standard would align the PPE standard for construction with that of general industry and maritime standards, which already require that PPE properly fit workers. OSHA’s Proposed Changes Unlike OSHA’s General Industry PPE standards, [...]

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, [...]

23 Nov, 2022

Something to Be Thankful For

Craig Martin2022-11-23T09:30:41-06:00November 23rd, 2022|Construction Contractor Advisor|

As most readers know, I am a Construction Attorney. I was drawn to this area of the law, not because I love to read 100+ page contracts, but by the people. I am consistently impressed with my clients' dedication to their craft, their integrity in working through difficulties, and their desire to leave the project, and the world, better than they found it. Throughout my days, in dealing with the [...]

31 Oct, 2022

How to Get 12% Interest on Construction Liens

Craig Martin2022-10-31T13:47:55-05:00October 31st, 2022|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

You know the construction project is not going well when you are considering filing a construction lien. However, here is a little light at the end of the tunnel—you can now demand that the property owner pay you 12% annual interest on your claim from the date you filed your construction lien. A recent Nebraska Supreme Court decision made this right clear. In Echo Group v. Lund Ross, the material [...]

6 Jul, 2022

Working on Federal Projects—Beware of the Sovereign Acts Doctrine

Craig Martin2022-07-05T17:29:34-05:00July 6th, 2022|Construction Contractor Advisor, Federal Construction Projects|

Contractors working on federal projects continue to face losses caused by COVID. Recovering these losses is proving difficult and the Sovereign Acts Doctrine may make it even more difficult. The Sovereign Acts Doctrine balances the government’s dual role in acting as a contractor and the sovereign. When the sovereign takes action which is in the public good, a breach of contract action will not stand against the sovereign. In order [...]

1 Jun, 2022

Do you have insurance coverage for that?

Craig Martin2022-05-31T10:17:54-05:00June 1st, 2022|Construction Contractor Advisor, Construction Insurance, Latest News|

Contractors are often surprised to learn that they do not have insurance coverage if the materials they provide fail. A recent case out of the 11th Circuit Court of Appeals (which oversees Alabama, Florida and Georgia), upheld the trial court’s ruling that a contractor’s insurer was not required to cover claims that the concrete it provided did not meet specifications. The controversy arose when Morgan Concrete (“Morgan”) agreed to supply [...]

27 Apr, 2022

Beware of Waiving Your Arbitration Rights Through Your Conduct

Craig Martin2022-04-16T08:26:54-05:00April 27th, 2022|Arbitration, Construction Contractor Advisor|

Contractors are no strangers to arbitration or mediation clauses in construction contracts. These provisions clearly identify the process for dispute resolution at the outset of a project rather than having to deal with disputes over how to resolve disputes. However, a recent case in Florida illustrates the importance of following the requirements of these provisions to protect your rights. In Leder v. Imburgia Constr. Servs., 325 So. 3d 256 (Fla. [...]

15 Apr, 2022

The Department of Labor is Updating Davis Bacon Prevailing Wage Regulations

Craig Martin2022-04-09T11:25:20-05:00April 15th, 2022|Construction Contractor Advisor, Davis Bacon Act, Federal Construction Projects|

Last month, the US Department of Labor issued a Notice of Proposed Rulemaking to update the Davis-Bacon wage regulations. Specifically, the Department proposes to amend regulations issued under the Davis-Bacon that set forth rules for the pre-determination of Davis-Bacon wage rates. The Davis-Bacon Act, created in 1931, requires contractors and subcontractors working on federally funded projects to pay employees locally prevailing wages and benefits. At present, Davis-Bacon wages are required [...]

22 Mar, 2022

Federal Contractors–Are you ready to register with the OFCCP?

Craig Martin2022-03-14T11:05:00-05:00March 22nd, 2022|Construction Contractor Advisor, Federal Construction Projects, Office of Federal Contract Compliance Programs (OFCCP)|

On February 1, 2022, the Office of Federal Contractor Compliance Programs (OFCCP) launched the contractor portal through which Federal Contractors must register their organization. Federal Contractors will have until June 30, 2022 to certify that they have complied with Affirmative Action Plan requirements. WHICH FEDERAL CONTRACTORS HAVE TO CERTIFY? Service and Supply Contractors (and subcontractors) must certify that they have adopted an Affirmative Action Plan. Construction Contractors do not have [...]

15 Mar, 2022

How to Get Paid on Public Projects in Iowa and Nebraska: The Little Miller Act

Craig Martin2022-03-07T14:34:46-06:00March 15th, 2022|Construction Contractor Advisor, Iowa Miller Act, Little Miller Act, Nebraska Miller Act|

Congress enacted the Miller Act to provide protection to contractors furnishing labor and material on federal projects. Many states, including Nebraska and Iowa, have enacted “Little Miller Acts,” which provide that same protection on state and county public projects. These laws require general contractors on certain government jobs to carry a performance bond to protect the government against delays and incomplete work. Those covered are also required to carry payment [...]

4 Mar, 2022

Does Your Company Require Employees To Be Vaccinated for COVID-19? A New Law In Nebraska Applies to You!

Craig Martin2022-03-03T16:07:14-06:00March 4th, 2022|Construction Contractor Advisor, COVID Legislative, COVID Vaccine, COVID-19|

Although we may be seeing the light at the end of the long COVID-19 tunnel, for those employers who have instituted a mandatory COVID-19 vaccination policy, a new law in Nebraska applies to you. On Monday, February 28, 2022 Governor Ricketts signed LB 906. LB 906 requires employers who have a mandatory vaccination policy to allow for exemptions for employees who have a religious objection to the vaccine or a [...]

23 Feb, 2022

Modifications and Release Agreements in Construction Contracts

Craig Martin2022-02-11T13:08:00-06:00February 23rd, 2022|Change Orders, Construction Contractor Advisor, Construction Contracts|

Construction contracts typically allow for modifications during the course of performance. Parties can agree to change the scope of work or price that was originally agreed to. For example, contractors can run into unexpected costs due to another’s negligence or delays. Material costs may go up and the contract price may become inadequate. Modifications allow for contractors to be fairly compensated for the increased costs that result through no fault [...]

8 Feb, 2022

Biden Signs Executive Order Requiring Project Labor Agreements

Craig Martin2022-02-08T08:18:03-06:00February 8th, 2022|Construction Contractor Advisor, Executive Order, Federal Construction Projects, Project Labor Agreement|

On February 4, 2022, President Biden signed an Executive Order on the use of project labor agreements (“PLA”) on federal construction projects. The Order will not go into effect until the Federal Acquisition Regulatory Council drafts regulations, which must be issued by June 4, 2022. President Biden’s executive order is making good on his promise to be the most “union friendly” president in history and could impact over $262 billion [...]

25 Jan, 2022

COVID-19 and Force Majeure Clauses

Craig Martin2021-12-30T13:51:35-06:00January 25th, 2022|Construction Contractor Advisor, COVID-19, Force Majeure|

The resurgence of COVID-19 has increased the importance of force majeure clauses in construction contracts. Here are some things to consider for your force majeure clause. Effect of Force Majeure Clause Force majeure clauses seek to excuse the nonperformance of a party. A party is no longer obligated to perform when an event expressed in the force majeure clause occurs, and the event is the cause of the party’s inability [...]

11 Jan, 2022

What you need to know about Indemnification Clauses

Craig Martin2021-12-30T13:46:56-06:00January 11th, 2022|Construction Contractor Advisor, Construction Contracts, Indemnity clauses|

Construction projects are risky, and parties allocate risk to reduce their own liabilities. Indemnification clauses shift risk from one party to another, but they come in may shapes and sizes. Therefore, it is important to read yours carefully. Terminology and Effect of Indemnification An “indemnitor” promises to compensate an “indemnitee” for injury or loss that the indemnitee incurs. Subcontractors are typically indemnitors that promise to “indemnify” the general contractor for [...]

20 Dec, 2021

OSHA’s Vaccine Rule—Reinstated

Craig Martin2021-12-20T09:12:55-06:00December 20th, 2021|Construction Contractor Advisor, COVID Employment, COVID-19, OSHA|

The tug-of-war on vaccination continues. On December 17, 2021, a federal appellate court lifted the stay on OSHA’s emergency temporary standard requiring employers with 100 or more employees to ensure employees are vaccinated or are testing regularly. The appellate court’s decision was immediately appealed to the U.S. Supreme Court. What does this mean for employers? OSHA’s emergency temporary standard (ETS) requiring vaccinate or testing and masking is now in place, [...]

10 Dec, 2021

Federal Contractor COVID Vaccine Mandate Stayed

Craig Martin2021-12-09T08:23:59-06:00December 10th, 2021|Associated Builders and Contractors, Construction Contractor Advisor, COVID Construction|

On December 7, 2021, a federal judge in Georgia issued a nationwide injunction preventing the Biden administration’s Covid – 19 vaccine mandate for federal contractors from going into effect. The injunction will remain in place until the court reaches a final decision on the matter, which could take several months. In ruling in favor of the various states that filed the lawsuit, the court found that President Bidens’s Administration likely [...]

15 Oct, 2021

The COVID Mandate FAR Clause

Craig Martin2021-10-15T11:23:12-05:00October 15th, 2021|Construction Contractor Advisor|

The New FAR clause is out and the federal government is issuing amendments/modifications of contract notices on federally funded project. For those of you new to this discussion, please check out our earlier blog on the new vaccine mandate. As we warned you earlier, the federal government is now amending contracts to require all employees working on the federally funded project to be vaccinated. There is no carve out for [...]

29 Sep, 2021

New Guidance on COVID-19 Vaccine Mandate for Federal Contractor

Craig Martin2021-09-29T15:23:40-05:00September 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 [...]

15 Sep, 2021

Biden Executive Orders Mandates Vaccines for Federal Contractors

Craig Martin2021-09-13T17:39:11-05:00September 15th, 2021|Construction Contractor Advisor, COVID-19, Federal Construction Projects, Government Regulations|

On September 9, 2021, the Biden Administration issued an Executive Order “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” While the details are not entirely clear, it appears that in the next few weeks, federal contractors will have to provide evidence of vaccination of their employees working on federal projects. Implementation The Safer Federal Work Task Force has been directed by Executive Order to issue guidelines by September 24, 2021, [...]

4 Aug, 2021

Just say no to drugs? How Iowa law requires extraordinary efforts by employers to enforce a drug testing policy

Craig Martin2021-07-31T07:14:46-05:00August 4th, 2021|Construction Contractor Advisor|

The illegal use of drugs by employees presents a host of issues for employers – from safety to work place errors to morale. A well thought out and written drug testing policy has been a key tool in an employer’s tool box to manage its workforce and to prevent potentially catastrophic results from illegal drug use at work. However, at least in Iowa, the task of creating and complying with [...]

28 Jul, 2021

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

Craig Martin2021-07-24T09:08:33-05:00July 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?

Craig Martin2021-06-12T09:43:38-05:00June 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

Craig Martin2021-05-25T08:18:30-05:00May 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

Craig Martin2021-05-24T14:14:56-05:00May 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?

Craig Martin2021-04-25T12:09:44-05:00April 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 [...]

14 Apr, 2021

I’m sorry I asked. What You Need To Know About Asking Employees If They Have Been Vaccinated.

Craig Martin2021-04-13T11:41:42-05:00April 14th, 2021|ADA, Construction Contractor Advisor|

During the early days of the Covid-19 pandemic the promise of a vaccine and a return to normalcy was the light at the of the tunnel. A year later the ability to receive a vaccine is becoming rapidly available to people in almost all age groups, including your employees. However, with the increased ability to receive the vaccine comes a new question – can you ask your employees if they’ve [...]

7 Apr, 2021

Work Changes and Considerations

Craig Martin2021-04-08T07:25:42-05:00April 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 [...]

31 Mar, 2021

Update on PPP Loan Fraud

Craig Martin2021-03-30T07:59:33-05:00March 31st, 2021|Construction Contractor Advisor, PPP Loans|

You may recall a blog post from last year in which I explained that a contractor should not use PPP loan funds to buy a motorcycle or for golf outings. Well, another contractor was just convicted of PPP loan fraud with similar allegations. Last Friday, a jury deliberated for 2 hours and found the roofer guilty of falsely acquiring $2 million in PPP loans. That was about enough time for [...]

24 Mar, 2021

Settling your claim? Make sure you get paid.

Craig Martin2021-03-23T08:20:10-05:00March 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 [...]

10 Mar, 2021

Is that an Employee or an Independent Contractor?

Craig Martin2021-03-10T08:13:54-06:00March 10th, 2021|Construction Contractor Advisor, Employee, Employee Classification, Independent Contractor|

The Nebraska Court of Appeals has again answered the age old question of whether a worker is an employee or an independent contractor. In Wight v H&S Contracting the court found that an individual who held himself out as a single employee operation was an independent contractor. In this case, Navarro Robles fell off of a roof while working on a job site. His widow claimed that he was an [...]

3 Mar, 2021

Lien Waivers—Worth a Thorough Review

Craig Martin2021-02-27T08:28:10-06:00March 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?

Craig Martin2021-02-13T12:54:55-06:00February 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 [...]

10 Feb, 2021

Buy America—The Biden Administration’s Plan

Craig Martin2021-02-06T11:16:48-06:00February 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

Craig Martin2021-01-30T09:38:10-06:00February 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

Craig Martin2021-01-26T11:22:56-06:00January 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?

Craig Martin2021-01-21T08:58:20-06:00January 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

Craig Martin2021-01-13T14:22:41-06:00January 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 [...]

23 Dec, 2020

Happy Holidays

Craig Martin2020-12-19T10:42:59-06:00December 23rd, 2020|Construction Contractor Advisor|

Another year is drawing to a close and we want to thank all of our construction clients with whom we have had the pleasure of working this past year. We really do appreciate the opportunity to help you with your business operations. We look forward to working with you in 2021. Happy Holidays

16 Dec, 2020

COVID-19 Vaccines are Here: Can you require employees to be vaccinated?

Craig Martin2020-12-15T12:58:18-06:00December 16th, 2020|Construction Contractor Advisor, COVID Vaccine, COVID-19|

Today's post is by Eric Tiritilli, one of our Employment Law specialists. Currently, there is no formal guidance from federal agencies regarding whether an employer may require an employee to be vaccinated for COVID-19. But, the EEOC has previously allowed mandatory vaccinations in the context of flu. Given that the EEOC considers the COVID-19 pandemic a “direct threat” to health in the workplace, it is likely that it would similarly [...]

18 Nov, 2020

Workplace Safety–the Unpreventable Employee Misconduct Defense

Craig Martin2020-11-14T10:08:22-06:00November 18th, 2020|Construction Contractor Advisor, OSHA|

Just because an employee gets hurt on the job does not mean you are facing an OSHA penalty. Employers have a defense to an OSHA citation when the violation of a safety rule was due to unpreventable employee misconduct. However, proving this defense requires substantial planning, well before an incident or investigation. Unpreventable Employee Misconduct Defense OSHA requires that an employer do everything reasonably within its power to ensure that [...]

12 Nov, 2020

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

Craig Martin2020-11-12T10:30:43-06:00November 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

Craig Martin2020-10-31T11:08:55-05:00November 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

Craig Martin2020-10-23T13:53:29-05:00October 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

Craig Martin2020-10-18T11:50:03-05:00October 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 [...]

7 Oct, 2020

Executive Order Requires Government Contractors to Review Employee Training

Craig Martin2020-10-03T11:27:48-05:00October 7th, 2020|Construction Contractor Advisor, Executive Order, Federal Construction Projects, Government Contracting|

On September 22, 2020, President Trump issued an executive order entitled Combatting Race and Sex Stereotyping. The Executive Order requires contractors to review the anti-harassment training they provide to their employees and include additional language in their subcontracts. The Purpose of the Executive Order The express purpose of the Executive Order is to combat “misrepresentations of our country’s history and its role in the world.” According to the EO, these [...]