Partner A.J. Manion Named to National Board of Governors

A.J. Manion, co-founding partner of Manion Stigger construction law firm, has been named to the inaugural board of governors of the National Wireless Safety Alliance (NWSA). This board is preparing assessment and certification programs for skilled professionals who work on towers and other non-standard structures.  The ultimate goal for this alliance is to enhance safety, encourage training and reduce workplace risk for the wireless industry. According to Todd Schlekeway, Executive Director of the National Association of Tower Erectors (NATE), “This national certification organization is one of the most significant things ever to happen in the wireless industry.”

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Client Education with a Construction Law Firm

Contractors know and understand construction, but they probably don’t know the law. Construction law, even for seasoned attorneys, is a complex field. This does not mean, however, that it is indecipherable. At Manion Stigger, we work closely with our clients to educate them on issues that may impact their projects. We then advise them on how best to proceed, supplying the tools they need to make an informed business decision.

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The Traveling Contractor – Does my Worker’s Compensation policy cover me?

Worker’s Compensation coverage is a subject that is often out of sight and out of mind for many contractors.  But when a contractor takes a project in another state, Worker’s Compensation coverage should be front and center for consideration.  Few contractors realize that their Workers’ Compensation policy may not respond to employee-related injuries arising from those out-of-state projects.

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What Constitutes a Material Breach of Contract?

When contracts are breached, it is important for clients to understand whether the breach was a material breach or a minor breach, and the remedies available to them. A material breach occurs when an agreement is irreparably broken and defeats the purpose of an entire contract.  A minor breach is any other breach of the contract.  The distinction is important as the non-breaching party can suspend performance and terminate the contract for a material breach, but not for a minor breach.

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Thoughts from the Jury Room

Recently, I was selected to perform my civic duty by serving jury duty. It is a side of the judicial experience that involves all members of society. As lawyers, we are often aware of the jury – the wild and unpredictable nature of an assembly of lay people attempting to make sense of a complicated process. It’s not often that a lawyer can assure you the direction a jury will go. In our data driven society, it is a frontier not quite conquered.

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Record Retention and Destruction Policies Are Key Tools to Managing Risk in your Construction Business

Our discussion of how personal devices can become problematic during the discovery phase of litigation is a perfect example of the necessity of the development and implementation of a Record Retention and Destruction policy.  With today’s vast electronic capabilities, contractors have the ability to retain every document, every email, every drawing, every text message, etc. regarding their projects.  However, retaining all these records is not only expensive and arduous but could also open up your company to potential legal liability.

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