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Are Commercial Buildings and Public Buildings a Lead-Paint Hazard? Contractors Could be Impacted by Renovation Regulations Contemplated by EPA

Today’s guest post is courtesy of Andrew Brought, a partner with Spencer Fane Britt & Browne, LLP’s Environmental Group.
If you manage or perform renovations, repairs, or painting activities on the exterior or interior of public building or commercial buildings, you should be aware that EPA is currently evaluating whether and how to regulate such activities in public buildings or commercial buildings constructed before 1978 that pose lead-based paint hazards. On Monday, May 13, 2013, EPA issued a notice in the Federal Register that it is seeking public comment on this topic until July 12, 2013, and will host a public meeting at EPA’s headquarters on June 26, 2013.

Why Construction Professionals Must Understand the Intricacies of Surety Bonds

As a construction professional, it’s likely you’ve had your fair share of experience with bonds (such as payment bonds, performance bonds, contract bonds and contractor license bonds), but understanding the purpose of surety bonds can sometimes be difficult to grasp for even the most experienced contractor.
Today’s guest post is courtesy of Sara Eisenberg, Director of Educational Outreach at SuretyBonds.com. Sara will explain why it is so important for construction professionals to understand the bonding process and how you can become more established in the industry by making sure you know the bond that’s required for projects before you even submit a bid.

Thoughts From the American Planning Association’s National Conference in Chicago

I’m currently wrapping up a great weekend at the American Planning Association’s (APA) National Planning Conference in Chicago, Illinois. For the MCL Blog readers unfamiliar with this event, the APA hosts an annual development conference for planning professionals and representatives from communities all over the United States. The five-day conference offers seminars on a broad range of topics, from common planning problems like the use of economic development incentives, to some unique regional issues, such as whether roosters and goats should be allowed under a city’s urban agriculture ordinance. (Think Portland!)

Commercial Tenant Fails to Pay Contractor for Tenant Improvements: Now What?

I am frequently asked this question by both contractors and commercial property owners. Generally, owners of commercial property (at least in Missouri and Kansas) will not be liable for contracts entered into by their tenants unless the tenant is acting as an agent of the owner, or the lease requires the tenant to make certain improvements that enhance the value of the property.

What is all the Buzz about Kansas Senate Bill No. 54?

It’s that time of year again: the legislature is back in session, and a host of bills are moving through the Kansas House and Senate. Recently, I received a legislative update from the Kansas Society of Professional Engineers concerning Senate Bill No. 54. Given the content of the bill, I was surprised to learn there are two proposed amendments currently being discussed in the capital.

Preventing Construction Job Completion Issues During Inclement Weather

The recent snow storms in the Midwest and the possibility of ongoing weather interruptions this week have many business owners facing issues such as lost productivity and client service interruption. Most business owners should be wondering: “Is there anything I do to prevent lost productivity and potential job completion problems?” Here at MidwestConstructionLaw.com, we’ve come up with a few tips for providing outstanding service to construction projects/ clients during inclement weather.

What was the Most Important Kansas Construction Case in 2012? (Hint: Can you say “Economic Loss Doctrine?”)

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.

How to Extend Lien Rights Under Kansas Law (Free Forms Available for Kansas Filings)

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.

Selling real estate during the middle of a construction project? Three points on closing the deal

There are times when an owner may want to sell their real property during a construction project. As an owner, what are the key issues you should consider? As the general contractor, what is likely to be requested by the owner and by the buyer’s lender? This blog post addresses some of the larger issues that will need to be resolved in the transaction and should provide a general roadmap of how to structure the process.

So What’s the Deal With Lost Profits and Overhead?

Many of the construction disputes I am involved with involve a claim for lost profits and overhead. The typical situation is where one party (often the owner) alleges a breach and then terminates either the general contractor or the subcontractor. The terminated party then makes a claim for lost profits and overhead. The two questions usually asked by contractors and subcontractors in these situations are: (1) “Am I entitled to lost profit and overhead damages” and (2) “How are they calculated?”

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