construction Archives - Lamson Dugan & Murray LLP

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 [...]

20 Jul, 2011

What do you do about Union Activity?

Craig Martin2011-07-20T10:07:00-05:00July 20th, 2011|Construction Law, Unioin Campaign, Union Free|

Have you received a letter from a union claiming you are not paying area standard wages? Have the picketers started visiting your worksite? What’s a company to do? Well, if the picketers are already on your doorstep, you have some catching up to do. If you haven’t received the letter, yet, there is time and plenty to do to prepare your company for a union campaign. There are a number [...]

15 Jun, 2011

Five Steps to Avoid Being Sued

Craig Martin2011-06-15T07:17:28-05:00June 15th, 2011|Construction Law, Limit Liability, Litigation|

I have yet to meet a client who has enjoyed being involved in a lawsuit. The cost of a large document production, the stress of sitting for depositions, and the time to prepare for trial can weigh heavily on a company and its owners. But, there are some steps that you can take to limit, if not avoid, being sued. Know the terms of the contract. You must know and [...]

1 Jun, 2011

Construction Contracts: Top Tips – What are the Terms?

Craig Martin2011-06-01T08:44:21-05:00June 1st, 2011|Construction Contracts, Construction Law, LEED, Limit Liability|

This is the first in an ongoing series discussing construction contracts. Would you ever agree to a contract without knowing the terms? Most contractors would say no, perhaps a bit more emphatically. But, it happens every day—where contract terms that you have never seen are incorporated into the contract by reference. Be on the lookout for phrases that incorporate external terms or standards to make sure you know what you [...]

24 May, 2011

Minimizing your Risk in Green Building

Craig Martin2011-05-24T15:22:37-05:00May 24th, 2011|Construction Contracts, Construction Law, Green Building, LEED, Limit Liability, Sustainable Building|

Green or sustainable building has become a focal point in the construction industry. And, with sustainable building contracts come green building obligations. Contractors and subcontractors have to make sure they understand these requirements for “green” projects. LEED (Leadership in Energy and Environmental Design), created by the USGBC (United States Green Building Council) is the leading method for “green” certification. The LEED rating system has a number of requirements, just a [...]

11 May, 2011

OSHA Holds True on its Promise to Increase Penalties

Craig Martin2011-05-11T13:43:57-05:00May 11th, 2011|Construction Law, OSHA, Penalty|

I’m sure you all recall OSHA’s big press release last year when it announced revisions to its penalty framework to increase penalties. Well, OSHA is now using the revised framework and the penalties are stiff. A review of OSHA penalties in Region 7, covering Iowa, Kansas, Missouri, and Nebraska, shows significant penalties. A stucco company in Kansas was fined $147,000 for two repeat and one serious violation where employees [...]

2 May, 2011

Calling Contractors, Subcontractors and Builders

Craig Martin2011-05-02T15:23:33-05:00May 2nd, 2011|Construction Contracts, Employee Eligibility, OSHA, Public Contracts|

Welcome to Lamson, Dugan and Murray’s Construction Law blog. Here, we’ll be posting articles on a wide variety of construction related topics, including contracts, liens, dispute resolution, employee problems, insurance coverage, and updates on Nebraska and Iowa law and statutes. We hope that you find our articles beneficial to your business, and if you have a topic you’d like us to write on, drop us a line and we can [...]