Most projects get completed and finally paid without having to resort to outside parties to resolve a dispute. Attorneys maximize the chance of success by teaching clients from our experiences – particularly clients who don’t have a lot of in-house
Construction Blog | Construction & Public Contract Law Section
The Construction Blog published by the State Bar of Wisconsin focuses on legal issues related to construction and public contract law within Wisconsin. It covers topics such as contract negotiation strategies, dispute avoidance and resolution, flow-down clauses in federal and state projects, lien waivers and their enforceability, legislative updates affecting construction practices, and venue considerations for construction disputes. The blog addresses practical legal challenges faced by contractors, subcontractors, design professionals, and public entities, emphasizing Wisconsin statutes and case law. It also discusses the impact of federal regulations like the Federal Arbitration Act on construction contracts and arbitration agreements.
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Navigating Flow-Down Clauses in Federal Projects
Federal projects can be complicated – prime contractors must deal with often exacting government performance standards and obscure federal legal requirements.Subcontracting on a federal project adds an increased level of complexity, as the subcontractor must not only meet the prime’s…
Conditional Lien Waivers Under Wisconsin Law – Proceed with Caution
Construction lien waivers are an indispensable part of the traditional construction payment process. The downstream flow of payment from the owner down to the lowest tier of subcontractor depends upon them. In the real world, the lien waiver is a…
More Heat than Light: New Laws Affecting the Construction Industry
The 2023-24 Wisconsin legislative session concluded months ago. It began like the 2021 -22 session ended, with a Democratic governor, large Republican majorities in both houses, and a $4 billion state budget surplus. Over 2,000 bills were introduced, with less…
Think Wisconsin Construction Disputes Use a Local Venue? Maybe Not
Unless told otherwise, a contractor who works on a project expects that, if a dispute arises out of its compliance with the contract or payment thereunder, the dispute will be heard locally and will be governed by local law. Laws…
Ensuring Adequate Insurance Coverage for Downstream Contractors and Suppliers
As the construction industry continues to evolve, it becomes increasingly important for construction companies to safeguard themselves against potential risks and liabilities. One crucial aspect of risk management is ensuring that downstream contractors and suppliers have adequate insurance coverage.This article…
Myth and the Permitting of Aggregate Mines
Nothing is more important to the construction industry than rock. Whether sand, gravel, crushed stone or blocks of stone, rock is used in everything from road building and concrete to countless building products, including drywall, insulation and glass. Rock…
When Construction Projects Don’t Go According to Plans
Most construction work is done pursuant to a set of plans and specifications issued by the architect that tells the contractor what they are to construct and the owner what they are receiving in exchange for the contract price. That…
101: Clauses Prohibited in Construction Contracts
Specific language in construction contracts often determines the outcome of construction litigation, affecting a contractor’s overall liability and ultimately, their bottom line. Like other states, Wisconsin prohibits many types of clauses within construction contracts. However, Wisconsin has not completely limited…