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    • December
      22
      2020
      Construction & Public Contract Law Section Blog

      Don't Sleep on the Arbitration Forfeiture Standard

      A recent Court of Appeals decision confirms the high standard for reversing an arbitration decision. Kevin Long discusses the decision’s takeaway – it is important to provide an arbitrator the opportunity to cure.

    • December
      01
      2020
      Construction & Public Contract Law Section Blog

      Differing Site Conditions: The Dangers of the Great Unknown

      The risks presented by unknown site conditions are difficult to identify and evaluate, and the costs to address them can be very substantial. Saul Glazer discusses the necessity of using DSC – differing site conditions – clauses in construction contracts.

    • August
      03
      2020
      Construction & Public Contract Law Section Blog

      Risk Transfer and Limitation Clauses in Construction Contracts after Lester Bldgs

      A recent Wisconsin Supreme Court decision provides some clarity for Wis. Stat. section 895.447, but raises further questions on the enforceability of other common risk transfer and limitation clauses in construction contracts. Scott J. Thomsen talks aboutlessons to be learned from the decision and its impact on construction contracts.

    • July
      08
      2020
      Construction & Public Contract Law Section Blog

      101: Wisconsin’s Construction Lien Law

      With the ongoing economic impact of the COVID-19 pandemic, construction lien rights have become more vital than ever to businesses in the construction industry. Steven Slawinski provides a refresher course on the basics of construction liens on privately owned construction projects in Wisconsin.

    • June
      10
      2020
      Construction & Public Contract Law Section Blog

      Court of Appeals: Subcontractors Cannot Sue Each Other for Negligence

      What happens when a subcontractor suffers an economic loss due to another subcontractor? Roy E. Wagner and Lauren Triebenbach discuss a recent court of appeals decision that says the economic loss doctrine bars negligence claims for solely economic lossessustained by one subcontractor as a result of another.

    • May
      04
      2020
      Construction & Public Contract Law Section Blog

      The Importance of Integration and Non-Reliance/Disclaimer Clauses in Construction Contracts

      Carefully crafted, an integration clause with non-reliance and tort disclaimer language may avoid common law and statutory misrepresentation claims. Scott J. Thomsen discusses a recent Wisconsin Supreme Court decision and highlights how current standard form construction contract language may not sufficiently protect the contracting parties.

    • April
      06
      2020
      Construction & Public Contract Law Section Blog

      Construction Contractor Responsibility in the Time of Coronavirus

      To weather the indefinite storm of COVID-19, commercial construction contractors should consider internal and external preparedness best practices. Nathan Jurowski examines best practices for contractors to protect their employees, prepare for business interruption, and negotiate with clients in the face of supply chain disruption, suspension of work, and excusable delays.

    • March
      20
      2020
      Construction & Public Contract Law Section Blog

      Coronavirus in Construction: Plan Now for After the Outbreak

      Now is the time to plan – and act – for what will come at the end of the coronavirus outbreak. With project delays inevitable in the era of COVID-19, James Dash offers advice on what you can do now to avoid future lawsuits and to advance your business interests.

    • March
      03
      2020
      Construction & Public Contract Law Section Blog

      3D Printing in Construction: The Intersection Between Law and Innovation

      With the recent move of 3D construction printing out of the research labs and onto construction jobsites, there is a disconnect between the available technology and construction law. Bryan Kroes discusses the future of 3D printing and construction law.

    • October
      29
      2019
      Construction & Public Contract Law Section Blog

      Anticipating and Responding to Environmental Issues in Construction

      Environmental issues that arise during construction projects can bring your clients projects to a halt. Sean Frye give tips on preparing and responding when the unexpected arises so your clients can keep their projects on track. “Knowing how to respond and being proactive saves the client time and money and keeps the project on track,” he writes.

    • August
      27
      2019
      Construction & Public Contract Law Section Blog

      Veni, Vidi, Veto: Wisconsin 2019-21 State Budget Highlights

      Gov. Tony Evers introduced a state budget that included significant public construction investment and the rollback of labor reforms. John Schulze discusses the proposed budget and its path through the Wisconsin Legislature.

    • April
      03
      2019
      Construction & Public Contract Law Section Blog

      Putting 'Responsible' Back into the 'Lowest Responsible Bidder' Standard in Public Contracting

      Most public construction contracts must be awarded to the lowest responsible bidder. However, the word “responsible” is often overlooked, and state agencies and local governments often feel compelled to award the work to the lowest bidder even if the contractor may be problematic. Cynthia Buchko discusses the “responsible bidder” legal standard in public contracting.

    • March
      19
      2019
      Construction & Public Contract Law Section Blog

      Can I Lien a Public Improvement Project?

      There is a common belief that subcontractors and material suppliers do not have any lien rights arising from a public improvement project. But this is not accurate, says Brian Smigelski.

    • February
      14
      2019
      Construction & Public Contract Law Section Blog

      Rise of the Machines: Wearable Technology in the Workplace

      Assistive technology is becoming more prevalent and accepted in the workplace. Eric Meier discusses some of the latest technology and legal considerations surrounding the employee data that is captured by wearable technology.

    • February
      06
      2019
      Construction & Public Contract Law Section Blog

      Machinery is Now Tax-exempt: Is Your Construction Client Wrongfully Taxed?

      While the personal property tax on machinery, tools, and patterns in Wisconsin was eliminated on Jan. 1, 2018, confusion still exists about what is or is not exempt. John Schulze discusses this new area of tax exemption and what it applies to, and gives tips on what to do if your client believes their property is taxed unfairly.

    • December
      20
      2018
      Construction & Public Contract Law Section Blog

      When Your Client Asks: ‘Can I Recover Attorney Fees?’

      What should you say when your client asks, “Can I recover attorney fees?” While rare, there are several circumstances where clients can recover fees in construction disputes. Lauren Triebenbach and Mark Schmidt outline different grounds for attorney fee recovery.

    • November
      12
      2018
      Construction & Public Contract Law Section Blog

      Enforcement of Tenant Buildout Liens in Wisconsin

      Tenant buildouts can place fee owners and contractors at risk during construction projects. Saul Glazer discusses options for both contractors and fee owners to protect their respective interests.

    • October
      23
      2018
      Construction & Public Contract Law Section Blog

      Holes in the Shield: Spearin in the Age of Evolving Delivery Methods

      With the advent of new construction delivery methods, the limits of protections from the Spearin Doctrine have been tested. Patrick Whiting discusses the intersection of the Spearin Doctrine and these new delivery methods.

    • August
      06
      2018
      Construction & Public Contract Law Section Blog

      Wisconsin Supreme Court Enforces Indemnification Provision

      In American Family v. Cintas, the Wisconsin Supreme Court enforced an indemnification provision under Ohio law. Kevin Long and Lars Gulbrandsen discuss the decision and its impact.

    • July
      09
      2018
      Construction & Public Contract Law Section Blog

      Massive Civil Procedure Overhaul Becomes Law

      Wisconsin Act 235 made comprehensive changes to the Wisconsin Rules of Civil Procedure. Lauren Triebenbach discusses these changes, which apply to causes of action filed on or after July 1, 2018.

    • May
      17
      2018
      Construction & Public Contract Law Section Blog

      Mitigating Tensions: Private Public Partnerships

      Private Public Partnerships (P3) involves alternative procurement methodologies, public/private financing mechanisms, enabling legislation, and contracts for the all of the above, as well as ongoing maintenance and operations of the facilities involved. Carrie Cox discusses the continuing emergence of P3 and the challenges inherent in P3 work.

    • February
      14
      2018
      Construction & Public Contract Law Section Blog

      Do Not Overreact to the Wosinski Decision

      While a recent Wisconsin Court of Appeals decision may appear to weaken the statute of repose governing construction projects, attorneys should thoroughly analyze all the issues before deciding if a construction claim is timely. Brian Smigelski discusses the effect of the decision in Wosinski v. Advanced Cast Stone Co.

    • December
      07
      2017
      Construction & Public Contract Law Section Blog

      2017-2019 State Budget Builds Up Construction Industry

      The 2017-2019 Wisconsin budget eliminates the state’s prevailing wage and institutes tax relief measures that benefit the construction industry. John Schulze discusses these and other significant construction-related initiatives recently signed into Wisconsin law.

    • November
      28
      2017
      Construction & Public Contract Law Section Blog

      Seventh Circuit Decision Sends Message to Copyright ‘Trolls’

      The Seventh Circuit Court of Appeals’ dismissal of a copyright claim against a homebuilder sends message of increased scrutiny to copyright “trolls.” Eric Meier discusses the decision and what it means for designers of single family home plans.

    • October
      23
      2017
      Construction & Public Contract Law Section Blog

      Pay If Paid Clauses in Wisconsin: More Enforceable than You Think

      Construction involves plenty of risk to all parties involved. While Wisconsin has barred “pay if paid” clauses in some circumstances, it is by no means an absolute bar. James Dash and Bryce Cox advise not to assume that all such clauses are unenforceable – and to negotiate accordingly.

    • October
      04
      2017
      Construction & Public Contract Law Section Blog

      FoxConn: Wisconsin’s First 'Megadeal' Provides $3 Billion in Tax Credits

      Wisconsin’s economic development future is forever changed as the WEDC embarks on its first “Megadeal,” says Cynthia Buchko. She outlines the details of legislation authorizing $3 billion in taxpayer-funded incentives for the development of an advanced manufacturing facility by FoxConn.

    • August
      07
      2017
      Construction & Public Contract Law Section Blog

      Parking Garage Tragedy Yields Appellate Ruling on Concealment Exception to Statute of Repose

      In June 2010, a young man was killed when a 13-ton concrete panel fell onto him in Milwaukee. The case is the basis for a recent Court of Appeals decision regarding statute of repose’s concealment exception. Hugh Anderson discusses the case and the nature of the evidence presented to establish the exception.

    • July
      13
      2017
      Construction & Public Contract Law Section Blog

      Court of Appeals: Clear Communication Reduces Risk of Unnecessary Litigation

      Steven Mroczkowski discusses a recent ruling in District II Court of Appeals that is a reminder for attorneys to emphasize to clients the importance of clear communication during projects, and that a review of title records prior to filing a lien may be prudent when ownership is not abundantly clear.

    • April
      25
      2017
      Construction & Public Contract Law Section Blog

      Right to Work in Wisconsin: Two Years Later Is It Old News?

      With many collective bargaining agreements typically three years long, many employers and unions will head to the bargaining table this year for the first time under Right to Work. Krista Ebbens answers questions about the issues employers face under Right to Work.

    • February
      15
      2017
      Construction & Public Contract Law Section Blog

      Prevailing Wage Law and Mineral Aggregates and Material Processing

      To properly apply prevailing wage rates and hours, lawyers need to understand the nuances of mineral aggregates and material processing in state highway projects. Carrie Cox provides a starting point and guidance to ensure employers comply with the law.

    • February
      14
      2017
      Construction & Public Contract Law Section Blog

      Changes to Wisconsin’s Prevailing Wage Rate Now in Effect

      Companies working on public projects need to remain vigilant regarding changes to Wisconsin’s revised Prevailing Wage Law. Carrie Cox identifies the changes to the law now in effect.

    • November
      11
      2016
      Construction & Public Contract Law Section Blog

      Pithy and Instructive Indemnification Guidance for Contractors and Insurers

      You are a construction contractor who has been tendered the defense of an action pursuant to an indemnity clause in your contract. The recent pithy and instructive Aug. 9, 2016 Court of Appeals decision in Karen Colleran v. Erik C. Wildes is asharp warning; it illustrates the pitfalls if you and your insurer fail to respond correctly.

    • September
      08
      2016
      Construction & Public Contract Law Section Blog

      The Construction Statute of Repose: More Hammer or Nail Today?

      Can the statute of repose still be used to bar cases from moving forward to trial as the law intended, or has the law lost its force? Matthew McClean discusses recent appellate cases applying Wisconsin’s construction statute of repose.

    • August
      08
      2016
      Construction & Public Contract Law Section Blog

      Welcome to the Construction and Public Contract Law Section Blog

      The Construction and Public Contract Law Section has established this blog to provide its members with valuable information concerning issues that are important to attorneys engaged in construction or public contracting law.

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