Vincent Nelan

On April 24, 2014, the United States Court of Appeals for the 11th Circuit issued an opinion affirming summary judgment denying a claim by the estate of a subcontractor’s employee against a general contractor’s commercial general liability (“CGL”) policy. Stephens v. Mid-Continent Cas. Co., 2014 WL 1623737 (11th Cir. 2014) (more…)

Some states have enacted legislation to allow parties to present their civil cases to a private judge to resolve disputes that would normally be heard in a traditional court. In some instances, the parties are able to select the private judge by agreement and in others, the private judge is assigned by the court. In either instance, the parties can benefit from this system but must be mindful of the problems that may arise with private judges. The article will outline some of the existing private judge statutes and some of the benefits and concerns associated with private judges. (more…)

Contractors cannot always bury their head in the sand when it comes to worker documentation.

I read an article about immigration reform in Texas and its relationship to the construction industry. The article mentioned that some contractors in Texas are classifying workers as subcontractors in an effort to, among other things, avoid knowing the legal status of their workers. This was surprising because I thought that Texas, of all places, would require contractors, and the subcontractors employed by them, to confirm that workers on projects had the legal status to work on a project. (more…)

I had a conversation about a price term used in construction contracts that I thought the person I was talking with should have known. When I reflected on that conversation, I realized that it has taken me some time to understand the terms used in construction contracts and that others may like to see a review of certain contract terms. This article will address pricing terms and provide some benefits and concerns about each. (more…)