January 2013

January 30, 2013 5:21 PM | Posted by Admin

You don’t know it yet, but there are e-mails stored on your computer that can be taken completely out of context in litigation. Frightened? You should be.

Zombie e-mails are out to destroy your business.

January 22, 2013 9:43 AM | Posted by Admin

This guest entry is courtesy of Andrew Brought, a partner with Spencer Fane's Environmental Law Practice Group. 

Stormwater permit discharge violations are a growing problem on construction sites, and the Environmental Protection Agency ("EPA") and Department of Justice ("DOJ") were recently involved in a similar action against a road construction contractor.

The EPA is also removing turbidity limits from construction site stormwater permits as a result of a settlement with the National Association of Homebuilders. Please stay tuned for more information on this ruling in another guest post from Mr. Brought.

January 17, 2013 11:30 AM | Posted by Admin

I often receive calls from my construction clients asking "How long do I have to file a mechanic’s lien in Kansas?" The solution to this dilemma is to file a Notice of Extension of Lien with the Clerk of the District Court in the county where the project is located.

January 14, 2013 3:03 PM | Posted by Admin

Last week, Albracht Perma-Siding and Window Co., of Omaha, Nebraska, agreed to pay a $6,188 civil penalty to the United States to settle allegations that it failed to notify an Omaha couple about lead-based paint risks before the company or its subcontractors performed renovation work in their pre-1978 home. The company also failed to keep records of lead safe practices for work it performed at 10 pre-1978 homes in Lincoln, Bellevue, and Omaha, Nebraska.

January 9, 2013 11:19 AM | Posted by Admin


I recently arbitrated two construction cases using two very different arbitrators. After arbitrating both cases, my position is that using an industry professional or a construction law attorney as an arbitrator is a choice that should be driven by the facts of the case. Before deciding on an arbitrator, you should ask yourself if the case hinges on legal theories or on methods of construction.

January 7, 2013 4:35 PM | Posted by Admin

As a matter of first impression, the Colorado Court of Appeals in Extreme Construction Company v. RCG Glenwood, LLC  has found that the Doctrine of Equitable Estoppel may be applied to an ambiguous construction contract. Some of you may be asking "what is the Doctrine of Equitable Estoppel and why should my company care about it?"