Government impliedly warrants that its detailed plans and specifications are free from defects; contractor may use modified total cost method to determine damages in breach of contract claim

In a recent case decided by the Missouri Court of Appeals, Penzel Construction Company, Inc. v. Jackson R-2 School District, etal (Penzel) ED103878. mo, the Court applied the Spearin Doctrine (US v. Spearin) where the US Supreme Court held that the government offered an implied warranty to the contractor that its plans would be adequate…

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I’m a subcontractor, material supplier, or design professional – I don’t need to worry about the implied warranty of habitability – Right?

While the implied warranty of habitability has been a concern to homebuilders, since it was first recognized by the courts, subcontractors need to be concerned with the effect of the warranty, as well.  In a recent case brought by the Sienna Court Condominium Association in Evanston, Illinois, the 1st District Appellate Court addressed the holdings…

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I’m a contractor. Why should I care about the Missouri Commercial Receivership Act?

What is a receivership? In its basic form a receivership occurs when a creditor requests the court to appoint a third party to take control of a debtor’s assets during the course of some litigation.  This may include taking control of business operations, managing personnel, acting upon or rescinding business contracts, or liquidating the debtor’s…

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Contractor – Know Thyself

It is good to occasionally to review our basic business processes. For our construction clients, one of these processes to involve in a periodic review and renewed staff training pertaining to preparation and monitoring of construction contracts.  More specifically, it involves an awareness of a company’s status as a specific type of contractor for purposes…

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So you love your construction lawyer?

Yes I know that all the surveys rate lawyers only slightly higher than dog catchers but that is referring to the other guy’s lawyer, not your own. You have a great lawyer and good friend who understands your business and your challenges and today you just got sued and you want your lawyer friend to…

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Right to Work Questions of the Day

When does the new law go into effect?   August 28, 2017 Does the Act prohibit union dues check off provisions? No, a union check off provision (withholding union dues) is a matter of federal law and not subject to state regulation.  The Right to Work Act is very limited and only addresses union security clauses….

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A Primer on New Missouri Right to Work Law

What does Right to Work Mean? Employers are barred from: requiring employees to become, remain, or refrain from becoming a member of a labor organization; or pay dues or other charges required of labor organization members as a condition of employment. Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor…

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LEED Certification on the Decline while Energy Efficiency is on the Rise

LEED (Leadership in Energy & Environmental Design) certification is one of the most popular green building certification programs that is used throughout the world.  The program was developed by the U.S. Green Building Council to provide building owners and developers with a framework to identify and implement practical design, construction, and maintenance of green buildings…

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