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LEED Certifications are great branding tools. Having such a certification is a very efficient way to communicate the values of the building owners to potential employees and stakeholders that care about the environment.  However, these certifications can pose some risks for Contractors, Engineers, and Architects. There are certain risk mitigation techniques for Contractors, Engineers, and Architects in Nebraska, Iowa, Kansas, and Missouri can use.…
LEED Certifications are great branding tools. Having such a certification is a very efficient way to communicate the values of the building owners to potential employees and stakeholders that care about the environment.  However, these certifications can pose some risks for Contractors, Engineers, and Architects. There are certain risk mitigation techniques for Contractors, Engineers, and Architects in Nebraska, Iowa, Kansas, and Missouri can use.…
Bond companies (and all other contracting parties) should determine their preferred dispute resolution method, and tailor the terms of your bond accordingly. Do not incorporate construction agreements by reference unless you are comfortable with the dispute resolution provision in the construction agreement.  The dispute resolution provision  may be broad enough to include non-signatories.…
In June, 2019, the Nebraska Supreme Court clarified a few important items regarding consequential and liquidated damages.  The points are especially poignant regarding construction projects and construction agreements. In U.S. Pipeline, Inc. v Northern Natural Gas Company, 303 Neb. 444 (2019) the Nebraska Supreme Court issued a concerning consequential and liquidated damages.…
You’ve just built your dream home. However, the dream quickly turns into a nightmare when a myriad of defects comes to light. The foundation is cracked, the trim is crooked, the cabinets are barely holding together. Many home owners simply would rather move on to a new contractor rather than continue to deal with someone who made so many mistakes. However, in Iowa, doing so could seriously harm the homeowner’s possible efforts to go after…
Builders, contractors, and others assisting businesses and consumers in Nebraska with building or siding projects should file liens if they are not paid in a timely manner.  That lien must be filed within 120 days of when a contractor last completes work at the property (Neb. Rev. Stat. 52-137). Unfortunately, that timing requirement may come up quickly when a kind homeowner isn’t able to pay.…
Owners that hire a general contractor to handle their construction project may assume that they have no liability for issues or injuries that occur while the General Contractor or sub-contractors are working at the Nebraska project site. However, if the construction project owner retains some control over the Nebraska site the owner may be subject to some liability. If an injury occurs because an individual fails to follow site rules, like safety regulations, their claim…
Builders, contractors, and others assisting businesses and consumers in Nebraska with building or siding projects file liens if they are not paid in a timely manner.  That lien is good for two years (Neb. Rev. Stat. 52-140(1)).  The contractor must file a Complaint to foreclose the lien before the end of that two year period. An Owner can also send and file a demand that the contractor institute judicial proceedings if the property…
Large companies with facilities in many states might prefer that venue and choice of law be set for the state the corporate headquarters is located.  However, that may not be an option in certain “home rule” states like Nebraska and Kansas. The choice of law and venue section of a construction contract is normally at the end, and parties tend to gloss over them.  However, forum-selection and choice-of-law clauses control are very important.  They control…