Contractor Default Insurance Explained by a Construction Law Attorney

For the mega-project, a construction manager or general contractor may consider alternatives to surety bonds for its subcontractors and trades. Bond premiums, scope overlap, and notice requirements make a defaulting subcontractor into a management nightmare. A popular alternative is contractor default insurance (sometimes referred to as subcontractor default insurance). Contractor default insurance is a first-party…

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The Dangers of Personal Technology and Electronic Discovery

Written communications are necessary to any well managed construction project.  Often, our thoughts and intentions are communicated electronically, either through email or text messages.  The purpose of written communications are twofold – to clearly express the position taken to the recipient and to create a record of the position taken.  To a lawyer, the record created is a potential exhibit in any litigation.

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Do I Really Need a Construction Lawyer for my Project?

We’re often asked why you need a Construction Lawyer for project or matter.  After all, the law is the law so what difference does it make if an attorney has a background in construction or just general business dealings? The truth is, construction projects are unique and involve many moving parts not found in other business dealings. Moreover, the laws applicable to construction projects are complex and sophisticated.  By retaining a construction law firm that works solely with these kinds of projects, a contractor can be sure that his interests are being pursued and defended to the full extent of the law.

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Properly Accounting for Risk with Effective Risk Management

Before beginning any construction project, it is important to engage in Risk Management to gauge potential pitfalls that could stall a project. Construction jobs are extremely complex and require a confluence of a number of factors including legal, financial, engineering/architectural, insurance, and safety issues to get off the ground. If one problem arises, it can cause a ripple effect that grinds an entire project to a halt. By engaging in effective Risk Management, it is possible to identify potential problems and have systems in place to immediately address them.

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The Most Common Citations for OSHA Violations

At your job site, it is important to make sure that you are doing everything possible to avoid OSHA Violations. This not only promotes safety but can also help prevent delays caused by injuries on a given construction project. The most common citations involve:

  • Fall protection
  • Hazard communication
  • Scaffolding
  • Respiratory protection
  • Electrical, wiring methods

It is important to speak with the supervisors at a worksite to make sure they are adhering to all OSHA standards and working to make a job site as safe as possible.

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Construction Law: Kentucky Fairness in Construction Kentucky Act

As of July 1, 2007, construction in Kentucky should now be “fair.”  The Kentucky Governor followed several other states and signed into law the Kentucky Fairness in Construction Act, KRS 371.400 et seq. (“the Act”) to “level the playing field” between contractors and Owner.  While an ambitious effort, it remains to be seen whether this law will accomplish its objective.  Because there are many in Indiana interested by the sound of codified “fairness,” this article addresses the efforts by our neighbors to the south.

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The Importance of Notice: Don’t Forfeit Your Claim!

One of the hallmarks of the construction industry is the “spirit of cooperation.”  Generally speaking, all participants in the construction process take pride in the finished product and recognize that a project will be successful only through cooperation and coordination.  Contractors, therefore, will go to great lengths to avoid confrontation and potentially soured relationships.  We all know there will be future projects and what goes around will come around.  Unfortunately, the laws and contracts that govern construction relationships may work against this time-honored tradition.  This article deals with breaking old habits without ruining old (and new) relationships.  More specifically, we will discuss the requirement to provide notice, why notice is so important and how to provide that notice while still honoring that “spirit of cooperation” in Contract Dispute & Claims in a construction project.

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Ohio Mechanic’s Liens: surely different and quite possibly better.

*A.J. Manion practices construction law from an office in Evansville but represents contractors in Indiana, Illinois, Kentucky and Ohio Procedural differences for mechanics liens in Ohio can trap the unwary Indiana contractor venturing to the East but a quick study of the differences of the rules in Ohio versus Indiana reveals that Ohio has an…

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