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Road Construction Contractor to Pay $735,000 Fine for Stormwater Discharges

On January 3, 2013, a general contractor for the Oregon Department of Transportation, Granite Construction Co., settled allegations of Clean Water Act stormwater permit discharge violations for $735,000. The settlement is currently subject to a 30-day comment period as reflected in the January 18, 2013, federal register notice.

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.

EPA Issues Fine to Nebraska Contractor: Are you Notifying Homeowners of Lead Risks in Remodel Projects?

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

Pros and Cons of Using Industry Professionals as Arbitrators Instead of Attorneys

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.

Colorado Court of Appeals Finds Doctrine of Equitable Estoppel May Apply to Ambiguous Construction Contracts

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?”

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.

Kansas City, Missouri Approves $100 Million Infrastructure Project

Voters in a Kansas City, Missouri special district recently approved funding for a $100 million streetcar system in the downtown area. The two-mile streetcar system will run from the River Market to Union Station. Supporters such as Mayor Sly James hope this investment will generate further development along the streetcar corridor and ultimately result in new streetcar lines throughout the metro area.

Missouri Court of Appeals Affirms Judgment Holding Knowing Misstatements; Invalidates Mechanic’s Lien

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.

Demolition crew accidentally destroys 18th century French Chateau. Do you think there is any insurance coverage?

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.

Fitting Bonds Into Your Risk Allocation Strategy for Construction Projects

On any construction project, bonds should be considered as part of the owner’s or general contractor’s strategy for risk management or risk allocation. Bonds are separate from the types of insurance generally found on the construction projects (builder’s risk insurance, commercial general liability, workers’ compensation/employer’s liability, and umbrella coverage), but nonetheless they can be equally as important to the success and failure of any project.

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