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101: Clauses Prohibited in Construction Contracts
Specific language in construction contracts often determines the outcome of construction litigation, affecting a contractor’s overall liability and ultimately, their bottom line. Like other states, Wisconsin prohibits many types of clauses within construction contracts. However, Wisconsin has not completely limited indemnification clauses.
Wisconsin’s statutory prohibitions can be confusing to those who are unfamiliar with Wisconsin…
More Pitfalls of Partial Construction Lien Waivers
In a recent decision, the Wisconsin Supreme Court diminished the statutory mandate that any waiver document waives all present and future construction lien rights, unless “specifically and expressly” limited to a “particular portion” of the “labor, services, materials, plans, or specifications.”
In
Great Lakes Excavating, Inc. v. Dollar Tree Stores, Inc.,1 a handwritten…
Biden Mandates Project Labor Agreements on Large-Scale Federal Construction Projects
On Feb. 4, 2022, President Biden issued Executive Order 140631 requiring the use of “project labor agreements” (PLAs) on large-scale federal construction projects, effective immediately.
Executive Order Terms
Pursuant to the Order, federal agencies, when awarding any contract in connection with a “large-scale” federal construction project or obligating funds to such project, must require…
Condominium Liens are a Different Animal
With the current lack of supply in the housing market, condominium building is experiencing significant growth.
In the event a developer proceeds forward with a condominium project, all parties, from prime contractors to material suppliers, should be aware that condominiums are a different animal from other projects when it comes to lien rights.
First:…
Five Key Issues for Lawyers Handling Public Construction Disputes
In handling public contract construction disputes, lawyers must pay attention to detail, have patience, and often use a two-front dispute resolution process.
It also entails a thorough knowledge of the context’s expansive regulatory framework, especially since several factors are likely implicated, including the:
- increased risk of inconsistent terms in subcontracts;
- public owner’s different incentives and
…
Five Key Issues for Lawyers Handling Public Construction Disputes
In handling public contract construction disputes, lawyers must pay attention to detail, have patience, and often use a two-front dispute resolution process.
It also entails a thorough knowledge of the context’s expansive regulatory framework, especially since several factors are likely implicated, including the:
- increased risk of inconsistent terms in subcontracts;
- public owner’s different incentives and
…
Federal COVID-19 Regulations Impacting Wisconsin Construction Firms
On Sept. 9, President Joe Biden announced his administration’s “Path Out of the Pandemic: COVID-19 Action Plan.” Among the Action Plan’s several prongs are two sets of requirements that could significantly impact numerous Wisconsin construction contractors. The first requires the Occupational Safety and Health Administration (OSHA) to promulgate COVID-19 rules covering employers with…
Supply Chain Delay Claims: A Day Late and $1,000 Short
The coronavirus pandemic has wreaked havoc on the construction industry.
It has greatly reduced productivity, caused material prices to skyrocket, and slowed the supply chain. This has impacted nearly all contractors – builders and suppliers – who are forced to allocate or absorb the increased costs.1 They also face performance deadlines that are rendered…
Supply Chain Delay Claims: A Day Late and $1,000 Short
The coronavirus pandemic has wreaked havoc on the construction industry.
It has greatly reduced productivity, caused material prices to skyrocket, and slowed the supply chain. This has impacted nearly all contractors – builders and suppliers – who are forced to allocate or absorb the increased costs.1 They also face performance deadlines that are rendered…