Litigation


February 12, 2013 2:50 PM | Posted by Admin

 

It is not often that the Kansas Supreme Court reverses Kansas judicial precedent and offers new avenues for plaintiffs to pursue claims. What does this mean for contractors? In short, it means a residential home owner can now make claims against a contractor for breach of contract and/or negligence.

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 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 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?"

December 10, 2012 4:03 PM | Posted by Admin

A recent decision from the Missouri Court of Appeals Western District examined a couple of interesting items in the world of Missouri mechanic’s liens. Of interest to Midwest Construction Law Blog readers are two items: (1) what does a contractor need to prove in a breach of contract claim; and (2) how can a misstatement in a mechanic’s lien invalidate the entire lien?  In R.K. Matthew Investment, Inc. v. Beulhah Mae Housing, LLC, the Court of Appeals offered us some guidance on these two important topics.

December 7, 2012 4:07 PM | Posted by Admin
I have been thinking about dedicating a portion of Midwest Construction Law Blog to the Construction Hall of Shame. Look for this in the future but I think we may have its first entry with this story out of France.
November 30, 2012 5:01 PM | Posted by Admin

These are just a few simple tips designed to help avoid litigation. The goal here is to have enough evidence that you can convince the other side it is not worth going to battle.

November 27, 2012 4:21 PM | Posted by Admin

An Idaho paving and asphalt company agreed to pay $36,360 to settle a complaint by the U.S. Environmental Protection Agency.

September 14, 2012 10:21 AM | Posted by Admin

The ever complex world of Missouri mechanic’s lien priority was given a shot of clarity on September 11, 2012, when the Supreme Court of Missouri in Bob DeGeorge Associates, Inc., KD Christian Construction, Co., v. Hawthorn Bank outlined whether or not a purchase money deed of trust will always have priority over a mechanic’s lien.

August 16, 2012 3:23 PM | Posted by Admin

Those AIA General Conditions Are Really Important!

One of the nice things about using the American Institute of Architect’s (“AIA”) construction documents is that courts have given us ample guidance on how to construe the various clauses within each family of documents.  On August 3, 2012, the Kansas Court of Appeals in Neighbors Construction Co, Inc. v. Woodland Park at Soldier Creek, LLC offered us a little more insight into how the AIA General Conditions work in regards to settling payment disputes between the owner and the general contractor.

May 30, 2012 2:17 PM | Posted by Admin

It's time to re-think the issues associated with signing contracts if you are a design professional.