Long & Robinson, LLCLawyers Kansas City | Long & Robinson, LLC | Kansas City, MO2024-03-01T07:22:36Zhttps://www.longrobinson.com/feed/atom/WordPress/wp-content/uploads/sites/1603220/2022/01/cropped-LongRobinson-site-icon-32x32.pngOn Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2560062023-12-15T16:49:33Z2023-12-15T16:48:18ZElevating Construction Law with Expertise and Client-Centric Solutions
Long & Robinson, LLC, recently recognized as one of the Top Construction Law Firms of 2023 by the Construction Business Review, exemplifies our dedication to the construction industry. Our unique approach sets us apart in a world where construction businesses operate across complex legal landscapes.
We pride ourselves on being a one-stop solution for all construction-related legal needs, offering services ranging from contract drafting to litigation, and from early project development to defect litigation. Our dedication to our clients extends beyond local borders, with licenses to practice in Missouri, Kansas, Colorado, Oklahoma, Iowa, and Texas. In jurisdictions where we lack a specific state license, we rely on our network to connect clients with local legal representation. We are grateful for this recognition and remain committed to providing top-notch legal representation in the construction sector.
Read the complete article at constructionbusinessreview.com.
]]>On Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2560032023-11-13T09:20:18Z2023-11-16T09:19:39ZThere are special lawsuits possible during bankruptcy
The best-case scenario for a dissatisfied client upset with the outcome of the commercial project would be to learn about the commercial bankruptcy early in the process. They can then potentially request adversary proceedings in court. Adversary proceedings are special lawsuits related to bankruptcy filings.
In some cases, individual creditors can ask to exempt a debt from the bankruptcy proceedings to continue attempting to collect on it. Other times, they could raise allegations that the construction firm engaged in some sort of fraud. Knowingly taking on debt, including projects that they accept payment for without completing, could be an example of actionable fraud.
The type of bankruptcy may also influence the client's options. If the business files a Chapter 7 bankruptcy with the intent of closing, then taking action during the bankruptcy proceedings might be necessary. Clients left with unfinished work or an inadequate facility could receive some of the proceeds from the liquidation of the construction firm's assets. If the business intends to restructure, the client may be able to have their obligations included in a court-approved plan for the company.
Bankruptcy can complicate the process of holding a construction firm accountable for poor workmanship or contract violations. But, reviewing the nature of the construction defect claim and the circumstances of the potentially bankrupt firm involved with the assistance of a knowledgeable attorney can help frustrated clients plan the best response possible given the situation.]]>On Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2559792023-09-12T04:46:50Z2023-09-16T04:46:29ZTimely filing
An individual or business seeking a mechanic's lien against a property due to the non-payment of an invoice will need to act quickly. Typically, the right to seek a mechanic’s lien ends six months after the completion of work on the project or the delivery of the materials. After securing a lien, there is another six-month deadline that applies to enforcing it, a process that often involves foreclosure. Acting quickly to hold a non-paying client accountable will be of the utmost importance.
A written contract
Although it is sometimes possible not to enforce verbal contracts, it can be very difficult to convince the courts to grant a lien when there is only a verbal agreement between parties. Most contractors and professionals running construction firms understand that they need to have a written agreement with their clients outlining the scope of services provided or the exact materials that they will deliver and the payment arrangements that they negotiated with the client. Those who do not have a written contract may not be eligible for a mechanic’s lien or may have a much harder time securing one.
Evidence of a contract breach
The final requirement for a successful mechanic’s lien request will be that the party seeking the lien has proof that the homeowner or client received services or materials and did not make a payment. Internal company records can provide very important information to the courts that can clarify the extent of the project and the client's non-compliance with the payment arrangements.
Those who go to court to pursue a mechanic’s lien in Missouri will need to have the right paperwork and records in place and understand the basics of state law. Additionally, benefiting from legal guidance when seeking to hold clients responsible for non-payment may make it much easier and faster for a material provider or construction company to obtain and enforce a mechanic’s lien.]]>On Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2558902023-08-11T07:43:44Z2023-08-16T07:43:14ZIt is typically not a binding process
Some people oppose alternative dispute resolution systems in part because they have heard negative things about mandatory binding arbitration. However, mediation is a completely different process that seeks to help parties compromise with each other. Both parties may need to compromise to reach an agreement, but there is no requirement to compromise. When successful, mediation results in a written agreement that both parties will sign. If mediation is unsuccessful, then the matter can still proceed to court.
It is a confidential process
The details discussed in mediation, including the concessions that one party or the other might willingly make to reach an agreement, will remain private thanks to state statutes. Under Missouri law, what occurs during mediation is almost always confidential. The lawyers representing the parties are bound by attorney-client privilege, and the mediator must also respect the right to confidentiality. Only the final agreement signed by the parties is typically ever subject to review by outside parties. Therefore, business representatives can discuss a matter very thoroughly without concern that the details of the dispute will become public knowledge.
When successful, mediation can speed up the conflict resolution process and even reduce the expense involved. It can also help preserve the working relationship between the parties embroiled in a disagreement. Recognizing the usefulness of mediation when dealing with a construction defect claim could help businesses better resolve a dispute related to a project.]]>On Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2558492023-05-17T22:21:26Z2023-05-15T14:42:10Zaccusations of defects have their reputations on the line. A track record of project-related problems and result in a business closing, not to mention having to pay damages following a lawsuit.
Types of construction-related problems
Construction defects can take many forms, with the most common being defects in the following:
Design: At some point in the process, the design professional fell short in both accuracy and organization. Whether through error or oversight, the outcome is usually redesigning and replacing a part. The omission is more serious and could result in change orders that create more work.
Materials: When manufacturers provide materials that are damaged, insufficient, or both, discovering defects occur after they've been used to complete a project. The costs are higher with the probability of more labor hours and the replacement of materials. However, damage to reputations can be more severe.
Quality: Contractors who don't pay attention to all the details can lead to structure and component parts failures. From minor issues involving aesthetics to more serious structural integrity, the solutions' complexity requires identifying the problem's source. Ultimately, falling short of the basic standards of care can create complexities and catastrophes.
The standard of care must be at the highest level. Falling short in any way can do significant damage to people and property, not to mention innocent victims who suffered injuries caused by preventable oversights.]]>On Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2558482023-03-15T15:29:13Z2023-03-16T23:25:29ZEstimate errors
One of the more common delays results from oversights in estimates. Making these types of mistakes can have catastrophic consequences, potentially delaying the project for weeks and months. In more extreme cases, entire initiatives can be dropped.
Attending to the detail ensures enough financing for materials, wages, and all other aspects of the project.
Dated technology
Delays can also happen due to “old-school” approaches, such as outdated spreadsheet programs and other so-called software solutions. As with other slow-downs, the impact on construction projects is significant.
Many professionals turn to software to simplify the bidding and estimating process while providing project planning tools, specifically cloud-based solutions that automate workflows and provide real-time data and analysis. Speeding up the process helps to ramp up projects faster.
Labor shortages
Few factors slow down a construction project more than a lack of workers. A decade-old recession saw many layoffs of skilled workers who found employment in other industries. Add to that a younger generation not pursuing construction work.
Again, projects fueled by labor management solutions company-wide powered by technology can ensure proper work crew allocation and ensure adherence to timelines. Project managers can more easily assess with appropriate workforce and employees best suited for specific tasks.
The construction business has changed over the decades. However, many companies are sticking to age-old practices and ancient technology. New approaches can make the process easier, if not put a few more dollars into their bottom lines.]]>On Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2558262023-02-15T21:24:48Z2023-02-15T08:56:29ZConstruction defects
These types of claims result from failures involving poor design, workmanship, and materials that may cost the owner more money. Common problems can range from everything from foundation cracks to leaking roofs. While issues arise, those that result in financial damage to the owner due to loss of use/value or repair costs require correction.
Mechanic’s Liens
Subcontractors and suppliers may file mechanic’s liens that were improved by labor, materials, or equipment supplied by these professionals but not paid for by the general contractor. Essentially, it helps them recover payments owed by the property owner, not the general contractor.
Breach of contract
Failing to perform any and all promises on a valid contract without what is deemed a “legal excuse” can result in a breach that may result in damages. The other party has a legal right to remedy, providing they have complied fully with the contract. These accusations can result from multiple contracts signed by owners and contractors.
Construction delays
Often taking the form of schedule-related disputes, claims account for events and circumstances that no one could have predicted. Remedies include deadline extensions and negatively impacting the completion of the overall work process. When it seriously affects the project, it necessitates an extension of time and the possibility of additional compensation.
Handing a construction-related dispute often requires the help of a skilled attorney to find the best resolution with minimal impact on a project.]]>On Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2558242023-01-05T14:54:25Z2023-01-05T14:50:52Zplastic-based material similar to PVC. However, it's more flexible and capable of withstanding high temperatures. These features make it ideal for fire sprinkler systems in condominium buildings, apartment buildings, commercial facilities and other types of properties.
What types of products are incompatible with CPVC?
CPVC may be chemically incompatible with many types of products, including certain types of:
Sealants
Firestops
Leak detectors
Fireproofing sprays
Fungicides
Glues
Antifreeze
Primers
Caulks
Cleaners
Incompatible products can jeopardize the integrity of the CPVC, causing microcracks that can eventually spread. Because fire sprinkler systems are pressurized at all times, cracks often result in catastrophic flooding, causing millions of dollars' worth of damage.
What property owners and managers should know
It's important to know that pipe failures resulting from product incompatibility may not arise until years after the system's installation. Property owners and managers often have no knowledge of the incompatibility until a catastrophic failure occurs. A thorough inspection by a qualified professional can identify incompatibilities before damage occurs. An early inspection can also preserve legal claims.]]>On Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2555672022-09-12T17:04:10Z2022-09-12T17:04:10ZHigh humidity, electrical installation
When constructing a cannabis growth facility, builders face many of the same potential litigation issues as other builders. This list includes breach of contract, construction quality, delays, non-payment and personal injury.
However, with these types of buildings, construction companies must cope with additional challenges in building a structure that requires high humidity, an abundant amount of water and proper electrical installation for grow lights.
Mold, environmental damage
Here are some potential litigation issues that may surface in the construction of a cannabis growth facility:
Mold and mildew: A proper climate control system is necessary to prevent mold and mildew issues from surfacing. Proper air balancing and dehumidification are essential.
Environmental damage: Concrete floors also are necessary for these facilities. However, if left untreated, they absorb liquids and environmental moisture. Grow room substances such as fertilizers and chemicals can leak through porous concrete and into the soil and groundwater, causing damage to the surrounding environment. The floors must be non-absorbent.
High humidity: A facility’s warm temperatures, high humidity and constant plant watering may lead to the weakening of the building’s structural integrity.
This is new for most participants. Careful planning must go into the construction of cannabis growing facilities. Floor plans, layouts, and installation of grow lights are among the things that a business owner and construction firms want done correctly to ensure a successful and safe growth facility.
Understand and address the challenges
Whether building a cannabis growth facility in a vacant industrial building or a newly constructed building, the challenges are similar. Construction firms must understand the additional issues they face when building a cannabis growth facility and properly address them.]]>On Behalf of Long & Robinson, LLChttps://www.longrobinson.com/?p=2555222022-08-04T21:54:41Z2022-08-04T21:54:41ZWhat can drones do on construction sites?
Drones can do things that people often cannot do. This includes navigating and flying to places people cannot safely reach or traverse, such as heights or narrow passageways. As a result, these mini machines can be a great benefit, especially in potentially hazardous locations and situations. Drones, also called unmanned aerial vehicles (UAVs), allow people to steer clear of dangerous heights, to avoid smoke inhalation from fires, or to avoid chemical risks. The drones' ability to not be inhibited by these risks means they can provide visuals and data otherwise difficult or even impossible to obtain.
The many uses of drones on building sites include:
Photography
Mapping
Surveying
Measuring land and spaces
Infrared imaging
Building examination
Key benefits of drones used in construction industry
To bid on projects
Document work completed
Navigate bridge and highway projects
Quantify work completed or what materials have been installed, such as windows and solar panels
Verify work completed to know what should be paid for
Investigate a building’s condition
Collect construction defect litigation evidence
How drones might assist in litigation
Perhaps one of the greatest uses of drones is to prevent litigation or to support or defend a client during a lawsuit.
As they say, a picture is worth a thousand words. When aerial footage is shown to a judge or jury, it can be much more convincing to deciders evaluating an issue or property condition than trying to communicate without detailed footage.
The timeliness of information gathering also helps construction attorneys prove or defend their cases. Drones are able to quickly provide data and visuals for construction site projects. A report in the North Dakota Law Review discussed how drones can help and stated three main areas of benefit: “construction project pre-planning, progress tracking, and safety.” The report emphasized that prior to using drones, people relied on satellite images to help with construction site issues. However, the images and scanning technology provided by drones is much more accurate and of higher quality, hence more useful for construction needs of today.]]>