msb, Author at Morefield Speicher Bachman, LC

5 Tips When Dealing with Construction Contracts

Whether you are a general contractor or a subcontractor, it is important to have a complete understanding of your construction contract before starting the project. Often in the negotiation stage, the primary focus is on the client. You, of course, want to secure the job and give them what they are asking for. There are important points to keep in mind, however, when you are entering into a new agreement that can make or break the job down the line should a problem arise. Needless to say, having a lawyer review your contract is highly recommended. An experienced construction attorney often sees the same problematic clauses repeatedly, particularly when standardized contracts are used. Your lawyer will be able to negotiate changes and possibly rework a clause that isn’t to your benefit and can open you up to potential liability in the future. Get the Complete Contract Document Keep in mind that often, what you end up signing isn’t the complete contract Often there are attachments, exhibits, project specifications and other addenda that are important parts of the agreement. It is also important to be aware that a contract can legally bind not only the general contractor and owner, but it can also bind a subcontractor, even if they didn’t sign the actual document. Indemnity Clauses Many people don’t fully appreciate what an indemnity clause is before agreeing to it. To indemnify a party, you are assuming responsibility for them. The term “hold harmless” means that you are waiving any right you may have against another party. You may be able to negotiate these clauses in some instances, but if not, it is important to be aware of what you are agreeing to. Bond Rights and Liens Remember that if anything goes awry with a project, a lien or bond may be your only means of getting paid. These are important rights, so it is not a good idea to waive them. Warranty Period Start Dates It is generally to your benefit to have the warranty period of your contract begin when your work is completed, not when the entire project is complete. If you agree to have your warranty start when the project is complete, you could be unknowingly and substantially extending your warranty period. Always Get it in Writing This may sound like a no-brainer, but it happens all too often, particularly with change orders. If you do not have a change documented and something goes wrong, you could run into trouble down the road. If you have any questions about the above or want to talk about a construction matter, please contact me.

Driving in Winter Weather

News / By msb

Driving in winter weather can come with all sorts of unexpected dangers – slick roads, stranded vehicles, limited visibility and more. Keep these 5 tips in mind and share with your loved ones to be prepared for the unexpected this winter. Stay informed. Before heading out, make sure you are up-to-date on road and traffic conditions. Use KanDrive or MoDot to stay informed. Knowing these conditions before you head out will allow you to plan adequately for the delays and still arrive at your destination safely and on-time. Create a vehicle inspection routine. With winter weather comes ice and snow. Plan a routine that allows extra time before you leave the house to inspect your vehicle and clear off anything that may obstruct your visibility. You should also plan to routinely check things in your vehicles such as wiper blades, belts and hoses to ensure you don’t run into trouble on the road. Reduce your speed and drive with extra caution. Reducing your speed will increase your time to react – reduce your speed for wet, snowy and icy conditions and in cases where visibility is limited. Leave extra room for you and the car in front of you; winter road conditions could create longer stopping distances. Be cautious around snow plows. Remember, they travel under the speed limit and have a limited field of vision. Be patient. Create a winter survival kit for your car. These things will come in handy if you were to get stranded or stuck without help. Consider keeping these items in your car: red flags, matches/lighters, blankets, fuses/flares, ice scraper, snow shovel, jumper cables, first aid kit, non-perishable food and tow ropes/chains. Remember these tips to keep you and your family safe during this upcoming winter season.

What Damages Can I Recover from a Car Crash in Kansas?

Car Accident, Personal Injury / By msb

If you’ve been in a car crash and are thinking about whether you should bring a lawsuit, your first question is probably, how much money can I recover? That question can be tricky. In large part, it depends on the facts and circumstances surrounding your case. What we can tell you, however, is the types of damages available and any limits on those damages. This month we’ll cover the laws surrounding this issue in Kansas. Stay tuned next month to learn about the laws in Missouri. Economic Damages There are two types of damages the court looks at: economic damages and non-economic damages. Economic damages include: Past and future lost wages; Cost of repair or replacement of your vehicle; Past and future medical expenses; and Other out of pocket expenses. There is currently no cap on the amount of economic damages that you can recover. You will, however, have to be able to prove the amount of those damages in court. Because of this, you’ll want to be sure to keep any receipts you receive. Non-Economic Damages The other type of damages is non-economic damages. Non-economic damages are harder to measure and are not necessarily things you would obtain receipts for or spend money out of your pocket. Examples of non-economic damages include: Pain and suffering; Loss of enjoyment of life; Emotional distress; and Disability or disfigurement. Unlike economic damages, Kansas law limits the amount of money you can recover for non-economic damages. The limit is determined by statute and depends in large part on when the car crash occurred. Currently, the state law caps this type of damages to $300,000 for crashes occurring between July 1, 2014, and July 1, 2018; $325,000 for crashes occurring between July 1, 2018, and July 1, 2022; and $350,000 for crashes occurring after July 1, 2022. Limits Based on Modified Comparative Fault One other thing to be aware of that could affect your compensation is Kansas’s law relating to modified comparative fault. The court will look at the percentage each party was at fault and reduce their damages by that amount. For example, if you were 10% at fault in the car crash, the court will reduce your award by 10% or, in other words, only award you 90% of your damages. In addition, if the court decides a driver was more than 50% at fault, that driver cannot recover any damages. Still not sure what you could recover if you bring a lawsuit? We’re here to walk you through the process, answer your questions and fight for the compensation you deserve.

Protecting Your Business During the Cold Weather Months

Construction Law / By msb

As the weather changes, different safety issues arise. In the summer, there are warm weather hazards to be aware of such as heat stroke and dehydration. Now that we are moving into the colder months, you should stay aware of how this change affects your employee’s safety and your bottom line. Protect Your Employees Cold, wet weather presents a variety of potential hazards for workers. These hazards can include cold stress, slipping and falling and seasonal illnesses The Occupational Safety and Health Administration (OSHA) has created recommendations to follow in order to minimize these hazards. According to OSHA, “employers have a responsibility to provide workers with employment and a place of employment which is free from recognized hazards, including winter related hazards.” Workers may experience physical symptoms from colder weather, known as cold stress. This is where the body can no longer maintain its regular temperature. Fingers and toes can become less sensitive and frostbitten as well, which affects dexterity in operating machinery. Slipping and falling on wet icy surfaces also becomes a hazard during the colder months. To address these hazards, many companies will provide their workers with hats, gloves, jackets and other weather protective gear. While OSHA doesn’t require this, it is highly recommended. In addition, they recommend the following precautions be taken: Provide engineering controls for your workers to cope with cold (radiant heaters); Train supervisors and employees to recognize the signs of cold stress; Schedule work during the warmest time of day; Schedule breaks in warm areas; and Have employees work in pairs. Protect Your Schedule Depending on what state you live in, a serious winter storm may come as no surprise. If you live in a place where snow storms are predictable, a company should not expect any time extensions because of the weather. It is not a bad idea to consider the average weather patterns for your area when planning a job. If rain is normal for November, for instance, provisions should be made ahead of time for rain tarps, wet weather gear, rental heaters and concrete blankets. You should also take into consideration the extra gas and heating costs during this time and a loss of productivity from your workers. Experts contend that there is an average of 10-15% drop in productivity during the colder weather months. Plan Ahead When negotiating a winter job, parties should agree well in advance who will be responsible for bearing the extra expense involved. This shouldn’t be settled over coffee and a handshake, but put in writing in the contract. If you are negotiating a job that will begin in December for example, order your cold weather supplies now. Be prepared for the inevitable will keep your employees safe and comfortable and will help your project run smoothly.

From the Road to the Kitchen: Thanksgiving Safety Tips

News / By msb

Millions of Americans gather with loved ones to celebrate Thanksgiving. The includes road trips to family who live in other states and lots of cooks in the kitchen. Did you know that Thanksgiving is the peak day for home fires as a result of cooking? Take a few minutes with your family to review these safety tips before your Thanksgiving celebration! Tips for the Road: Don’t be a rule breaker. Follow the speed limit, slow down for work zones, don’t follow too closely, come to a full stop at stop signs and don’t speed through red lights. Make frequent stops. Road trips can feel long and can cause you to become drowsy. Split up the driving between a few drivers and rotate frequently. If you are the only one able to drive, make sure you take rest breaks to stretch your legs and keep your mind active and aware of your surroundings. Prepare before you go. Check your tire pressure and oil levels. Take care of any maintenance before hitting the road. Clean your headlights, taillights and windows. Remember your headlights. Turn your headlights on as soon as dusk approaches and remember to use headlights if you are driving in inclement weather. Tips for the Kitchen: Test your smoke detectors prior to Thanksgiving Day. Keep the kitchen floor clean of children’s toys to avoid tripping in the cooking area. Keep all sharp and hot objects, such as knives, pushed far back on the counter and out of children’s reach. Use timers and never leave cooking food unattended– this will reduce the risk that you forget the stove or oven is on. Unattended cooking is the leading factor contributing to cooking fires. Keep children and pets out of the kitchen and away from the cooking area. Food can splatter unexpectedly and hot food can seriously injure your children. Keep unnecessary items away from the stove. Pot holders, oven mitts, utensils, food packaging and towels can all catch fire quickly. Keep a fire extinguisher in the kitchen, just in case. Regularly clean your cooking area to reduce grease buildup that could lead to a fire. Do one final check of the kitchen before leaving or going to bed to ensure all stoves, ovens and appliances are turned off and, if appropriate, unplugged. Enjoy the holiday with your loved ones!

Creating a Company Culture of Safety

Construction Law / By msb

It’s no secret that construction work is dangerous. According to the Occupational Safety and Health Administration (OSHA) 1 in every 5 fatalities in private industry is in the construction sector. According to the Bureau of Labor Statistics, construction site fatalities have been consistently on the rise. In 2015 alone, there was a 4% increase in construction-related deaths. As a business owner, your employees are a vital component to creating an environment where things run smoothly and morale is high. An accident not only impacts the human element of your business, it affects your bottom line in terms of delays, regulatory consequences and potential litigation. Safety should be a key component of every project, starting on day 1. By making safety your priority, you reduce injuries, save lives and keep your projects on track. Companies that adopt a culture of safety first benefit everyone. Safety Starts at the Top Safety begins with the company executives and project leaders. These people should set an example, and hold management responsible for the safety of their employees. Everyone on the job should be trained regarding expectations, planning, and implementation of safety protocols. This applies across the board, from executives to managers, to job foremen and the employees. The Planning Process When planning for a project, work to identify the potential dangers involved. This would include everything from laying the foundation to creating the superstructure, to the finishing work. Then identify what proactive steps need to be taken to mitigate these potential hazards. As the job progresses, the safety issues associated with each phase should be reassessed. Training All workers need to be trained on the safety procedures, not just the new employees. Each new project should include a safety orientation, where the safety plans and procedures are reviewed. This should also include disciplinary actions for noncompliance, drug testing policies and fall management procedures when applicable. Fall Management Statistics report that 2 out of every 5 construction fatalities are due to falls. Falls top the list for causing fatalities in the construction industry. This is closely followed by “struck-by” accidents, crash injuries and electrocution. OSHA reports that by just eliminating the “fatal four” dangers, 602 lives could be saved annually. It is recommended that fall prevention safety measures start at a minimum of 6 feet. A detailed fall management plan should be created for every project that has a fall risk. Learn from Near Misses and Accidents Learning the root cause of a near miss or accident enables the company to take preventative measures in the future. Each incident should be scrutinized to determine what went wrong and what can be done in the future to mitigate the danger. Collaboration Companies who take their safety seriously adopt a collaborative approach by working with their insurers and risk management professionals from the beginning. Building a solid safety culture takes time, attention and resources. However, the benefits pay off exponentially. It promotes a positive company reputation, lowers project costs and makes the company more attractive to employees and clients.

37% of People Have Fallen Asleep While Driving – Remember These 12 tips to Stay Safe

Personal Injury / By msb

37% of people have fallen asleep while driving. On top of that, 60% of people have driven while tired, 13% report falling asleep while driving at least once a month and 4% have caused crashes by driving while tired. These incidents don’t just happen on long road trips – it can be when you’re driving home from a long day at work; maybe you didn’t sleep well and are tired driving to work early in the morning. It’s important to be aware of any fatigue and address it before it causes a crash. With the shorter winter days coming our way, keep these nighttime driving tips in mind to keep you awake, alert and safe. 5 Tips for Driving in the Dark: Make sure you have clean headlights and windshield; debris on the headlights or windshield can make it harder to see at night; Look away from oncoming lights; If needed, wear glasses and ensure your glasses are anti-reflective; Dim your dashboard lights; if they are too bright, they can be distracting; and Slow down and allow additional time for stopping. 4 Tips for Driving in the Dark during Rush Hour: Slow down and be patient; we know you want to get home but we want you to get there safely; Avoid excessive passing and be alert to other cars who may dart in and out of lanes; Avoid cruise control and stay alert; driving the same route every day can become routine but force yourself to stay alert and active as you drive; and Avoid distractions; try to look at a map ahead of time, rather than while you’re driving; avoid your phone, eating or drinking. Distractions can be even worse when driving in traffic in the dark. 3 Tips for Long Distance Driving in the Dark: Get at least 7 hours of sleep and avoid driving if you have been awake for 24 hours or more; Stop, stretch and rest every 2 hours; and Travel only during times that you are usually awake. Despite the fact that we only drive in the dark one-quarter of the time, 50% of traffic fatalities happen at night. Remember these tips and follow them to keep you, your family and other drivers safe.

New Law Provides Payment Protection for Kansas Subcontractors and Suppliers

Construction Law / By msb

In April, important payment protections were put in place for subcontractors and suppliers for public work projects that were financed by public-private partnerships. This new law provides that a contractor with a prime contract for over $100,000 on a public-private project must provide both payment and performance bonds. This law was initiated by the American Subcontractors Association to address the increase in projects for public use that are financed by public-private partnerships. The government uses these financing arrangements to take advantage of private sector equity and financing rather than using public funds at the tax payer’s expense. Under the new law, a payment bond is required to be for the full contract price for the protection of the supplier who is providing the materials and labor to the contractor or subcontractor. Additionally, the performance bond must state that the contractor will build or install what was agreed to in the contract. Prior to this, subcontractors and suppliers were in a vulnerable position in public-private projects. Unless otherwise specified, some projects were exempt to both mechanic’s lien laws and payment bonds leaving them without adequate assurance of payment.

Is it Whiplash or Something Else?

Personal Injury / By msb

Have you been suffering from chronic pain and been told “It’s only whiplash.”? Have you been told “You just need to get over it.”? If so, be sure you visit a doctor that knows how to fully evaluate acute spinal and soft tissue injuries to get a complete diagnosis. Your pain may be from a more serious condition called “ligament laxity”, and leaving your injury undiagnosed or misdiagnosed will only impede your recovery. Our spine consists of joints (vertebrae), and ligaments that hold those joints in their proper place and allow them to function as intended. While the ligaments are capable of withstanding a great amount of movement and force, sometimes the force of a car, truck or motorcycle accident is just too much for them. When your spinal ligaments experience too much force, those ligaments can become overstretched and injured. It’s similar to an overstretched rubber-band that loses part of its elasticity. This is called ligament laxity. Symptoms can include neck pain, numbness or tingling in the neck, arms and hands, dizziness, vertigo, nausea, and many other symptoms not traditionally associated with a neck injury. You may also feel sharp shooting pains. Ligament laxity often masquerades at first as minor whiplash, but is much more severe. Suffering from whiplash can be painful but will typically improve in a few months and allow you to fully recover. However, with ligament laxity, you may not be able to fully recover and likely cannot improve without an accurate diagnosis and specific treatment. The severity of the impact of ligament laxity on your health ranges from chronic pain interfering with daily activities to, in the most serious cases, spinal cord compression and possible paralysis. Ligament Laxity is a permanent injury. While the condition may never fully “go away”, treatment can help improve the condition, manage your pain, and help you return to many of your daily activities. Treatment can vary from patient to patient but some treatments can include natural therapy to strengthen the muscles around the ligaments, prolotherapy injections, and surgical fusion. Because ligament laxity is a permanent condition, your treatment may be very different from how a doctor would treat whiplash. This is why it’s important to get the right diagnosis as early as possible. The sooner you diagnose the problem, the more likely a doctor will be able to treat you correctly to minimize or avoid chronic pain. Just as getting a proper diagnosis early on is important for your health and recovery, it is also crucial to your personal injury claim. As you might imagine, the future cost of dealing with a permanent injury could be much more expensive than treatment for minor whiplash. If you settle or close your case believing you have whiplash when your injuries are actually more severe, you may be missing out on money that you could use to pay for your future needs. We’re experienced in handling cases involving ligament laxity. Getting a correct diagnosis as soon after the injury as possible is always important. If you have questions about this topic or your condition, please give us a call.

Tips to Avoid Struck-By Accidents on the Construction Site

Construction Law / By msb

We all recognize that construction is a dangerous business. There are countless ways that someone can get hurt. One significant danger is struck-by accidents. A struck-by accident is caused when a worker is struck by an object. These types of accidents are one of the leading causes of construction injuries and deaths. According to the National Safety Council, 17,000 construction workers were hurt and 84 were killed in these accidents in 2013 alone. Struck-by accidents can happen at any type of job site. A keen awareness of these hazards and strictly following safety procedures can prevent these accidents. Construction workers can be struck by heavy equipment, falling debris, or unbraced walls. To prevent these hazards, the Occupational Health and Safety Administration (OSHA) recommends the following for operating heavy equipment: Don’t backup a vehicle without a clear view behind you, and make sure the vehicle has a reverse alarm; Always wear protective gear; Thoroughly inspect all vehicles before operating; and Drive slowly and follow all safety procedures. OSHA reports that being hit by a falling object is a struck-by hazard, particularly when doing overhead work, working around scaffolding, or beneath a crane. Suggested precautions include: Using safety precautions such as using toe boards and debris nets; Never work under a suspended load; and Always secure all items when working from heights. For working on masonry or concrete walls, OSHA recommends: Make sure that walls are braced until permanent supports are in place; Only allow those working on the walls into the work area; and Only place loads on a concrete structure. Being mindful of potential workplace hazards, combined with strict adherence to safety rules, not only keeps workers safe but helps ensure your project will be completed without a mishap.

msb

5 Tips When Dealing with Construction Contracts

Driving in Winter Weather

What Damages Can I Recover from a Car Crash in Kansas?

Protecting Your Business During the Cold Weather Months

From the Road to the Kitchen: Thanksgiving Safety Tips

Creating a Company Culture of Safety

37% of People Have Fallen Asleep While Driving – Remember These 12 tips to Stay Safe

New Law Provides Payment Protection for Kansas Subcontractors and Suppliers

Is it Whiplash or Something Else?

Tips to Avoid Struck-By Accidents on the Construction Site

Choice of Attorney

Other Services

Contact Info