When talking about mechanic’s liens in South Dakota, many business owners are only aware of some steps, but remain unaware of all the steps that can be taken to protect against some of the possible hardships caused by mechanic’s liens. A mechanic’s lien is a legal claim made against real estate by suppliers or contractors
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Mitigating LEED Certification Risks for Contractors, Engineers, and Architects using Contingency Planning
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…
Mitigating LEED Certification Risks for Contractors, Engineers, and Architects using Integrated Project Delivery
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…
Incorporating Arbitration Agreements into Bonds
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.…
Consequential and Liquidated Damages in Nebraska
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.…
What is the AIA and Why do They Keep Popping Up in My Construction Contracts?
The American Institute of Architects (AIA) is a professional organization of architects in the United States. One of the main functions of the AIA is providing the construction industry with standard forms and agreements that define and govern the construction relationships between owners, design professionals, general contractors and subcontractors.…
Iowa Updates Owner and Contractor Obligations regarding Construction Defect Claims
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…
Filing a Construction Lien in Nebraska
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…
Owner Liability for Injuries at the Construction Site
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…
Responding to an Owner’s Demand to Institute a Judicial Proceeding for Construction Liens in Nebraska
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…