AIA has been an industry leader in providing form contracts to the construction industry for over 100 years. Every ten years their documents are revised to keep up with changes in the law. In 2017, a significant amount of their documents were updated. One frequently used AIA contract form that underwent substantial change was the “General …
High rise or multi-level construction is common these days and presents many potential dangers, one of which is scaffolding accidents. It is estimated that 2.3 million workers (over 65% of all construction workers) spend at least part of their time on scaffolding. Constructing and using scaffolding for a project presents numerous hazards to workers. According …
Back in March of 2016, OSHA published a regulation that requires construction employers to limit worker exposure to respirable crystalline silica. Silica can be dangerous when inhaled by construction workers, causing lung disease and even cancer. Silica dust is frequently found where things like cutting, grinding, sawing, drilling or crushing is taking place. This fine …
Prepare for Compliance – OSHA Silica Regulations Explained Read More »
In Missouri, subcontractors, skilled laborers, and materials suppliers who are not paid for their work, have a right to file a Mechanic’s Lien against commercial real property for work performed or materials delivered to the project, when the work and/or materials was for purposes of improving upon the property. Sounds simple enough right? Almost but not quite. …
Missouri Mechanic’s Lien – Subcontractors Protect Your Lien Rights Read More »
From the Court of Appeals of Missouri, Eastern District, came a case of “first impression,” on 2 different issues concerning mechanic’s liens in Missouri. The case is Midwest Floor Co. v. Micelli Development Co., 304 S.W.3d 243 (Mo. Ct. App. E.D. 2009), for those who care to find and read the entire case. Various plaintiffs …
If there is one thing every construction company wants to know it’s this…when am I going to be paid? Many states have enacted what are commonly known as “prompt payment” laws, and Kansas and Missouri have them. In fact, Kansas and Missouri each have two prompt payment laws, one set for public projects (i.e. funded …
Why Haven’t I Been Paid And What Can I Do About It? Read More »
In a case handed down by the KS Supreme Court a few years ago, the Court effectively ruled that, in Kansas, liquidated damages will be strictly enforced without regard to whether or not they are later found to be excessive in relationship to what the damages for delay actually were. See, Carrothers Const. Co., L.L.C. …
Kansas Construction Projects: Liquidated Damages or Unenforceable Penalty? Read More »
When it comes to Kansas mechanic’s liens, how important is the name of the contractor on the lien if you’re a subcontractor or material supplier? Two cases in the past several years out of the Kansas Court of Appeals are very clear…the form is every bit as important as the substance. You’ve got to dot …
