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How much do you know about Rick Morefield?

April 3, 2018 No Comments

You probably know he’s passionate about his clients. You probably know he loves practicing law. But there is a lot you don’t know about Rick. Rick’s journey to becoming a personal injury attorney started way back in high school when he competed in debate. But it wasn’t always a straight path to the law. Did you know he played lead guitar in a rock band named Spectrum and had a dream of pursuing that as a career? On the other end of the spectrum, he thought about going into medicine or marine biology. Luckily, all of those dreams fell by the wayside and his dream of becoming a lawyer to help people stuck with him through all of those years. After law school, Rick first got experience practicing law in one of Kansas City’s largest and oldest law firms. This lead him to have an epiphany: Rick wants to help individuals. And after a judge told him he was meant to be a personal injury plaintiff’s attorney, Rick set his sights on that goal. All of this lead to MSB. Rick had a vision and continues to carry out that vision: to build a law firm that is focused on the community. If you read our newsletters or look around on our site, you will see some of the work we do to give back to the community – from Walking Like MADD to volunteering with My Father’s House to providing pro bono legal services. MSB takes that vision of giving back to their community and incorporates it into each case that we take on. We are not your typical lawyers – we want to help you heal holistically and get justice. So whether you just need legal advice, or you need us to point you to another professional like a therapist or financial advisor, we are here to help. We know that when you come to us, you’ve faced an injury and need more than money to heal and get your life back. Rick and his law partners formed MSB to give clients the highest quality legal services, but with careful attention to the individual needs of each client. To make this possible, we are selective about the cases we accept. We want to make sure that our caseload is never so large that it prevents us from providing individualized service to each and every client. We want to be able to spend significant amounts of time with each client working on their case to ensure the best holistic outcome that we can provide.

MSB ALERT: New Ordinance on Employer’s use of Criminal Records

March 30, 2018 No Comments

MSB ALERT: The City Council for Kansas City, Missouri recently passed restrictions on the ability of employers to inquire about and use a job applicant’s criminal history. Taking effect June 9, 2018, the city ordinance limits an employer’s ability to use criminal record information. Under this ordinance, employers will no longer be able to inquire about an applicant’s criminal history until after the employer has determined that the individual is otherwise qualified for the position and the applicant has been interviewed. After interviews, employers may inquire into the criminal record of applicants who are “within the final selection pool of candidates.” In addition, employers will also now be limited in how they use criminal history information in hiring decisions. Employers must demonstrate that the decision to hire or promote is based on “all available information.” This includes frequency, recency and severity of the applicant’s criminal record. If an employer is going to take an adverse action based on the criminal history information, the criminal offenses must be “reasonably related to the duties and responsibilities of the position.” There is one exception to this new ordinance. If an employer must exclude applicants with criminal convictions because of a local, state or federal law or regulation, then this ordinance does not apply. Questions about how this will impact your hiring or promotion decisions? Give us a call.

Safety Meetings and Toolbox-Talks: Are you doing these?

March 15, 2018 No Comments

We strongly believe worker safety should be one of your top priorities as a construction firm. Do you have policies in place to ensure you are conducting safety meetings and toolbox talks? These need to be done regularly and the best way to ensure that is to have a formal policy, company-wide. Hold a Safety Meeting at the Project Kickoff Start each project with a clean slate and ensure everyone involved is on the same page with regard to worker safety. At this meeting, address safety as it relates to this specific project. Discuss risks and hazards that will be encountered throughout the project. Include discussion and education on safe work practices relative to the tasks being performed, required use of appropriate personal protective equipment and first aid training. Before the first day of actual work on the job site, have each worker take a trip to the job site to become familiar with the layout, location and any hazards already present. This allows them to focus solely on developing a safety plan for themselves, rather than be distracted by beginning work right away. Schedule regular toolbox talks Toolbox talks are short, informal meetings to revisit safety protocols and address any safety hazards that have arisen through the course of the project. Hold these each day at the start of the shift and keep them short to ensure you retain your workers’ attention. Readdress basic safety expectations and address any expected high-risk scenarios for the day or coming week. You should also address any safety incidents from the previous shift, how they were addressed and how we can improve in the future. Customize these talks to the issues at hand. If there is severe weather, address that issue and discuss safety expectations and how workers can avoid hazardous conditions and remain safe. Open up the floor to allow questions or comments to create a dialogue on safety issues. Conduct site inspections Conducting unannounced site inspections will help workers keep safety at the top of mind. Use these as teaching moments to address any unsafe actions or conditions that you observe, how they can be addressed and prevented in the future. Take note of anything that might be a good topic at the next toolbox talk, such as if you see workers without hardhats on the job site. Keep it positive It’s easy to notice the violations of safety expectations and focus on those. But it’s important to highlight workers who are engaging in safe working practices to encourage other workers to follow their lead. Make it a company policy to keep safety as a top priority. Questions on how we can help? Give us a call.

Substance Use in the Construction Industry: Are you addressing it?

February 13, 2018 No Comments

The opioid crisis seems to be in the news a lot lately. Construction firms may be faced with the difficult tension of helping employees stay drug-free and maintaining a safe work environment. Drug use is more prevalent in high-risk industries and construction is typically considered a high-risk profession. This is not something to turn a blind eye to and if you do, you could find yourself in hot water down the road. Here are a few ways to address the issue. Prevent drug use among employees. Some construction firms have seen success with providing a rewards program for employees who maintain a safe work environment. This could include bringing in a third party to evaluate the safety of the job site. Another plus? If you do this, you may be able to lower your insurance premiums. 2. Discuss the connection between mental health and drug use early on. The Construction Industry Rehabilitation Plan (CIRP) in Canada has found that most of the people who seek treatment through them are in their 30s and 40s. Providing education to employees before they reach that age, and reach the point of substance abuse, could drastically reduce substance use. 3. You may also want to implement a policy for random drug screening and the consequences of a positive drug test. Talk with your attorney about the best way to do this. The challenge with random drug screens is the volume of employees construction firms typically have and the need to complete construction projects quickly. 4. Are you committed to helping your employees that do use substances? Make sure your company has a clear policy and stance on this issue before you encounter an employee in this situation. You may decide to put a policy in place that provides treatment to employees who have substance abuse problems. The next question is how and when you can reintegrate an employee back into the company and ensure sobriety? Think about these tough questions and develop company-wide policies ahead of time so when you face this difficult issue, you are prepared. If you aren’t addressing substance use, you could be putting your employees at risk in addition to the consumers who ultimately use or inhabit your finished construction project. Has your construction firm made a pledge to reduce substance abuse in your community?

Addressing the Construction Worker Shortage Across the U.S.

January 24, 2018 No Comments

According to a recent survey which questioned 1,000 firms nationwide, the construction industry is decidedly on an upswing. Firms appear to be optimistic and the demand for all types of construction services continues to increase. This overall optimism is seen in both public and private sectors which may be due to a combination of a business-friendly regulatory environment, current economic conditions, and the anticipation of infrastructure investments. But things aren’t all positive on the horizon. Because of the rapid growth the U.S. is experiencing, a large majority of firms are having a serious struggle to obtain qualified construction workers. In fact, 82% of the firms questioned stated that they expect to face difficulties in hiring and recruiting qualified workers in the coming year. That is a whopping 76% increase from last year. This is creating fierce competition between companies and poses a very real challenge for companies and their bottom line. Addressing the Shortage Because of this growing need, companies are getting creative to find ways to draw more workers into the industry. Construction industry leaders are looking for ways to change the general perceptions of the construction industry. Frankly, the industry has not been notoriously popular with young people who are entering the workforce. What many don’t realize is that over time many workers can earn a six-figure income. This quandary was recently addressed the National Association of the Remodeling Industry (NARI). The group met in Chicago to brainstorm and find solutions to the worker shortage. While much was covered, several action items were identified. One way to reduce the shortage to is to create an incentive for young people to consider entering a trade school, as opposed to a traditional college. Historically, there was a belief that if you want to be successful, you need to go to college. Trade schools were often thought of as a fallback position rather than a goal. This perception needs to be changed. Women are notoriously in the lowest demographic for the construction industry and are truly an untapped resource. More effort needs to be made to utilize women for the contributions they can make in the industry. Any concerted effort to change the industry needs the support of Washington, D.C. to gain regulatory and legislative leverage. This means doing what needs to be done to increase awareness and presence in Washington and educate the powers that be about the dire need for their support. What Can be Done Locally? There are things we all can do to help the shortage and further boost the upswing and growth that is expected for the coming year. Here are few suggestions: Create a Company Culture of “Safety First”: Putting the safety and well-being of your workers at the forefront not only helps morale, but it also minimizes your risk of losing workers to injuries and accidents. Carefully Screen Future Employees: Make sure that new employees embrace your beliefs regarding safety and promote it. Encourage the Sharing of Information: Your veteran employees are a valuable resource. Encourage them to share information with the more inexperienced employees. Both groups can learn from each other. Support Your Veteran Employees: Your older employees are valuable. Make sure you are providing them opportunities to grow and provide ongoing training for new skills or to refine old ones. Support Efforts in Your Area to Promote Career Education: This can be accomplished through partnering with a national organization or perhaps directly with a local school. This can help draw younger people that are looking for a career and may not have otherwise considered the construction industry.

5 Tips When Dealing with Construction Contracts

December 18, 2017 No Comments

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.