Do you have insurance coverage for that?
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,...
View ArticleHow to Get 12% Interest on Construction Liens
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...
View ArticleHow to Protect Yourself When the Job Site Isn’t What You Expected
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...
View ArticleWinning Isn’t Everything . . . Unless You Can Collect: The Nebraska Supreme...
Unfortunately, winning a case does not guarantee that you will collect money. The court is not responsible for collecting the judgment. Rather, if the judgment debtor (losing party) does not...
View ArticleSelecting the Right Arbitrator for Your Case
Maybe you have negotiated with your counterpart to include an arbitration provision in your construction contract or picked up a form contract that selects arbitration as the method of dispute...
View ArticleIs a Contractor Entitled to Prejudgment Interest on Contracts in Nebraska?
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...
View ArticleOpen Communication and Good Contracts Keep the Peace
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...
View ArticleYour Contract Terms Should Not Be “Standard”
Many clients come through our doors because a project has gone wrong due to obligations they unknowingly take on after signing “industry standard” contracts. Standard industry contracts make for good...
View ArticleNot So Guaranteed: Can Small Losses Render a Sizable Liquidated Damages...
A “Liquidated Damages” provision should be a key part of your playbook when entering a construction contract. These damages typically apply when a party misses a performance deadline. The value of...
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