Long & Robinson, LLCLong & Robinson, LLC2026-05-27T13:31:29Zhttps://www.longrobinson.com/feed/atom/WordPress/wp-content/uploads/sites/1605365/2022/01/cropped-LongRobinson-site-icon-32x32.pngOn Behalf of Long & Robinson, LLC<![CDATA[Mediation in construction defect lawsuits: what builders should know]]>https://www.longrobinson.com/?p=2566752026-05-22T13:32:00Z2026-05-27T13:31:29Z defect claims disrupt schedules, cash flow and trade relationships. Mediation can offer a structured negotiation process that often resolves disputes faster than litigation. For general contractors and homebuilders, a successful mediation requires preparation. The process tends to reward clear documentation, realistic risk analysis and disciplined communication.
What mediation is, what it is not
Mediation is a confidential settlement conference led by a neutral mediator. The mediator does not decide fault. Instead, the mediator facilitates negotiation, tests assumptions and can frame settlement options. Sessions typically include joint meetings, private caucuses, document review and deal drafting. Many contracts require mediation before trial.
Why mediation can work for builders
Mediators note that the process can work well for builders facing construction defect disputes because it provides control over outcome, timing and the narrative. It also limits project distraction. Builders can encourage mediated resolutions that include repair scopes, warranty extensions, staged payments and structured releases.Before the session, it is helpful to focus on practical readiness. The following items can help to drive leverage and momentum:
Provide a concise mediation statement. Clarify defect theories, causation disputes, damages position and provide a path to repair if applicable.
Key issues to watch during the mediation
In the room, disciplined messaging matters. Builders should keep the discussion focused on causation, responsibility allocation and practical repair solutions. Avoid admissions that undercut coverage positions. It also helps to take the time to coordinate with insurers, counsel and key subcontractors.Mediation can provide a successful path towards resolution for builders. Proper preparation of documents and having experts on hand to support your stance along with repair options if needed can keep the conversation moving forward towards an amicable resolution. A well-run mediation can protect reputation, reduce defense spend and restore focus on the project.]]>On Behalf of Long & Robinson, LLC<![CDATA[Your move after a construction defect demand]]>https://www.longrobinson.com/?p=2566602026-04-28T13:53:17Z2026-04-28T13:53:17ZReceiving a construction defect demand can threaten everything you have built in Kansas City. The moment that notice arrives, critical deadlines begin, and your response window is shorter than you might think. What you do in the next 14 to 30 days may determine whether you preserve your right to repair or face costly litigation that puts your business and reputation at risk.
What a defect demand actually means
A construction defect demand is a formal notice claiming that your work contains defects that caused damage or failed to meet contract standards. The demand typically outlines specific problems, alleged damages and a deadline for response. Both Missouri and Kansas have specific statutory requirements that trigger your response deadline.In Missouri, the statutory 14-day response window begins only after the claimant serves a formal written notice of claim as defined by state law under RSMo § 436.356. In Kansas, the 30-day response period starts when the claimant provides written notice under K.S.A. § 60-4704.
Understanding your response deadline
Your response deadline depends on which state law applies to your project. Missouri law requires a response within 14 days under the Notice and Opportunity to Repair Act (RSMo § 436.350). Kansas law allows 30 days to serve a written response under K.S.A. § 60-4704. This is not merely an action plan but a statutory deadline to preserve your Right to Cure.
Why the first 48 hours matter
Your immediate response can set the tone for everything that follows. Failing to act quickly may result in missed deadlines, waived defenses, or increased liability exposure. You may want to notify your insurance carrier within the timeframe specified in your policy, as delayed notification can jeopardize coverage.
Key steps during your response window
The actions you take during this period can influence settlement negotiations and potential litigation outcomes.
Review your contract thoroughly to understand warranty provisions and dispute resolution clauses
Document the project with photographs, emails and any previous communications about the alleged defects
Gather all relevant project records, including plans, specifications, change orders and inspection reports
Avoid making statements to the claimant that others may interpret as admissions of liability
Missing any of these steps can weaken your position. While contract terms matter, both Missouri's and Kansas's Right to Cure laws provide mandatory frameworks for residential defect claims that exist regardless of your specific contract language.
When the stakes are highest
Construction defect claims in the Kansas City region often involve significant financial exposure and reputational harm. A skilled construction defect attorney can analyze the demand, identify available defenses and develop a response strategy that protects your interests. The difference between a hasty reaction and a calculated response may determine whether you face prolonged litigation or reach a favorable resolution.]]>On Behalf of Long & Robinson, LLC<![CDATA[What types of damages are available if a new condo community has a leaky roof problem?]]>https://www.longrobinson.com/?p=2566612026-05-19T18:52:26Z2026-04-02T08:58:30Z stubborn stain that appears in the ceiling during a rainstorm may seem harmless enough initially but can indicate a big problem: the brand-new roof in your new condo community may have a leak. If this ends up being the problem, costs can quickly climb. Expenses can include the need to address repairs, restoration, temporary fixes and resident disruption.
Now, instead of focusing on community improvements, reserve planning and smooth operations, the board and management are stuck watching expenses rise in the worst way — paying not for upgrades or long-term value, but for the fallout of a roof that never should have failed in the first place.
First actions to protect the claim
Water intrusion can create mold risk, electrical hazards and hidden structural deterioration. It is wise to document conditions before major repairs and keep records of every related expense.Before formal escalation, photograph water staining, active leaking, damaged finishes and any areas of the building that are negatively impacted by the leak. Keep copies of communications with the developer, builder, roofer, warranty provider and insurance carrier. This helps support proof of defect, notice and damages.
Damages in a construction defect claim (HOA context)
Available damages depend on the governing documents, state construction defect statutes, warranty terms, allocation of maintenance responsibilities and proof of causation. In many cases, the association pursues claims for common area components, while homeowners may separately pursue personal property or interior losses.Depending on the extent of water damage, common costs can include:
Repair, replacement, corrective construction and code upgrades tied to the defect
Restoration of damaged building components (roof sheathing, framing, insulation, drywall, paint, trim, common area finishes)
Mold assessment, remediation and post-remediation clearance testing
Expert fees (engineers, building envelope consultants, destructive testing, investigation costs)
Attorneys’ fees and court costs when allowed by statute, contract, CC&Rs, or warranty provisions
When a defect claim becomes necessary, damages often extend beyond the roof itself to restoration, resident impacts and expert-driven investigation costs. Consult a construction defect attorney early to preserve timelines and position the association for full recovery.]]>On Behalf of Long & Robinson, LLC<![CDATA[What do indemnity clauses mean in Missouri contracts?]]>https://www.longrobinson.com/?p=2566622026-03-31T11:33:17Z2026-03-31T11:33:17ZWhen you review a construction contract in Missouri, indemnity clauses often determine how parties share risk. In simple terms, these provisions may require one party to cover certain losses, claims or damages that arise during a project. For contractors and developers, this shift in responsibility can affect both your project costs and your overall exposure.
How does Missouri law limit indemnity?
Missouri law generally sets boundaries on how far an indemnity clause may go in a construction setting. Under Missouri law, many provisions that attempt to make you responsible for another party’s own negligence, whether sole or partial, may not be enforceable. This standard aims to promote fairness and encourage each party to remain accountable for its own actions on a job site.
What to identify in your contract?
As you review an indemnity clause, you might focus on how it defines your potential obligations. Paying attention to a few key elements may help you better understand the scope of your responsibility:
Scope of coverage: The clause may outline the types of claims it includes, such as property damage or personal injury.
Triggering events: Some provisions may apply only under certain conditions, such as damages tied to your work or the work of your subcontractors.
Defense obligations: The contract may state that you cover legal costs. However, Missouri law often limits agreements that require you to defend another party against claims tied to that party’s own negligence.
Taken together, these details may help you better gauge how much risk the clause could place on you.
How to proactively manage risk
Before you agree to an indemnity provision, you may want to consider how it fits within your broader risk strategy. For instance, you could look at how the clause aligns with your insurance coverage and your role on the project.You might also take time to:
Compare contract terms: Reviewing similar agreements may help you spot language that seems unusually broad or restrictive.
Clarify unclear wording: Asking questions during negotiations may reduce the chance of confusion if a claim arises later.
Coordinate with insurance: Checking that your indemnity obligations align with your available coverage may help you avoid financial gaps.
These steps may help you approach indemnity provisions with greater clarity and a more balanced view of your potential exposure.
A final look before you sign
Indemnity clauses often carry significant weight throughout a project. While Missouri law may limit the enforcement of overly broad construction contract provisions that shift fault for another party’s actions, the specific wording in your contract still plays a key role in how risk gets allocated. Taking a careful and informed approach to these terms may help you reduce uncertainty and maintain steadier ground as your project moves forward.]]>On Behalf of Long & Robinson, LLC<![CDATA[How long does a contractor have to rectify defects?]]>https://www.longrobinson.com/?p=2562222025-11-19T22:26:51Z2025-11-19T22:26:51ZYou want defects fixed fast and for good. Kansas law and your contract set the timetable but your next steps can shorten or stretch the process.
What “defects liability period” means
Most construction contracts include a defects liability period after practical completion. You commonly see six or twelve months. If your contract is silent, the contractor must fix defects within a reasonable period based on severity, site access and materials. Critical safety issues may demand faster action.
How the Kansas right to cure works
Kansas requires homeowners to give written notice and a chance to repair before suing over residential construction defects. According to theKansas right to cure notice, a homeowner must deliver written notice at least 90 days before filing a lawsuit. The notice must list the alleged defects and allow the contractor to offer repairs or payment. This process protects both sides and ensures defects can be corrected before litigation.
What you should do when you spot a defect
Legal obligations and contract terms overlap when construction defects appear. Understanding both helps you preserve your right to recover damages. Start with the contract and move quickly:
Confirm the DLP: Check if the period is six or twelve months.
Give written notice: Describe defects and request repair dates.
Allow inspection: Offer reasonable access and coordination.
Set timelines: Ask for a repair schedule in writing.
These steps create a clear record if repairs lag or fail.
If repairs do not happen
If the contractor ignores notice or offers no good-faith fix, you may hire others and seek recovery later. Courts may limit recovery to what the original contractor would have spent if you skip the repair opportunity. Latent defects may surface after the DLP so keep records and track limitation periods.
What helps protect your claim
Construction defect rules and deadlines in Kansas can be complex. A local construction attorney can review your contract, guide you through the right-to-cure process and help you meet statutory deadlines. Legal advice can also clarify whether you should pursue breach of contract, warranty or negligence claims if repairs are not made.]]>On Behalf of Long & Robinson, LLC<![CDATA[What Kansas condo boards should know about warranties]]>https://www.longrobinson.com/?p=2561772025-07-21T15:29:07Z2025-07-21T15:29:07ZWhen a newly built condominium shows signs of damage, condo associations often assume the builder will make things right. But enforcing construction warranties is not simple. In Kansas, associations must act quickly. They need to understand what is covered. They also need to prepare for limitations. These limits can surprise even experienced board members.
Here is what every Kansas condominium board should know before pursuing a warranty claim.
Kansas warranties cover limited issues for a limited time
Most construction warranties in Kansas fall into two categories:express and implied. The builder typically includes express warranties in the contract. The warranties cover quality and materials for one or two years. Implied warranties – such as the warranty of habitability – offer broader protections. But they do not last forever.Kansas courts generally treat implied warranties as expiring after a reasonable time. That often means three to five years. Courts also apply a 10-year statute of repose. This rule blocks claims even if the damage appeared recently.
Warranties do not cover every defect
Not every building problem counts as a breach of warranty. Cosmetic issues usually fall outside warranty protections. The same goes for everyday wear and tear. Damage caused by poor maintenance also will not qualify. Structural defects may be eligible.Additionally, water intrusion can occur due to improper cladding or flashing or code violations. But the association must prove the builder's fault. And they must do it within the allowed time.Developers and builders often include warranty disclaimers in governing documents. These disclaimers can limit an association's ability to bring a claim. Courts will enforce them if the disclaimers meet legal standards.
Take action early and document everything
Associations should schedule regular inspections. They should also keep detailed records of damage or repairs. When you see signs of building failure, act quickly. Cracking stucco, water leaks or sagging decks may indicate serious underlying issues. Document each problem as soon as you notice it. Acting quickly gives you a better chance to file within warranty limits.
Understand the limits before filing
Warranties offer some protection. But they do not guarantee complete repairs or coverage. Condominium boards in Kansas should be aware of what the warranty covers. They should act quickly when problems arise. A construction law firm can evaluate your claim. The right legal supporthelps you avoid missed deadlines. Taking early action protects your community's investment.]]>On Behalf of Long & Robinson, LLC<![CDATA[Protecting your commercial construction business from legal risks]]>https://www.longrobinson.com/?p=2561162025-05-15T09:14:35Z2025-01-30T22:43:03ZIn the world of commercial construction, there are few things more exciting than seeing a project come to life. But alongside the thrill of building comes the less glamorous task of navigating legal risks. Much like wearing a hard hat, protecting your business from potential litigation is a necessary part of the job. Let's dive into some practical strategies to keep your construction business on solid legal ground.
Understand the legal landscape
To protect your business, start by familiarizing yourself with the legal landscape, including:
Regulatory compliance: Make sure your projects comply with local, state, and federal regulations.
Contractual obligations: Clearly define terms and responsibilities in all contracts.
Insurance requirements: Ensure you have the right coverage for potential liabilities.
Knowing the rules of the game helps prevent costly legal disputes.
Prioritize documentation
Keeping detailed records is crucial for legal protection. Consider these tips:
Document everything: Keep records of communications, contracts, and changes.
Maintain project logs: Track progress, incidents, and inspections.
Organize documents: Use a systematic filing system for easy retrieval.
Proper documentation can be your best defense in a legal dispute.
Engage in proactive risk management
Take a proactive approach to managing risks with these strategies:
Conduct risk assessments: Identify potential hazards and address them early.
Train your team: Educate employees on safety protocols and legal compliance.
Review contracts regularly: Update terms to reflect changes in laws or project scope.
By addressing risks before they become problems, you can protect your business.
Consult with legal professionals
Having a legal expert on your team can be invaluable:
Seek legal advice: Consult attorneys for contract reviews and legal guidance.
Build relationships: Establish connections with legal professionals who understand your industry.
A knowledgeable lawyer can help you navigate complex legal issues.Protecting your commercial construction business from legal risks may not be as exciting as breaking ground on a new project, but it's just as important.]]>On Behalf of Long & Robinson, LLC<![CDATA[Construction contract considerations]]>https://www.longrobinson.com/?p=2560312024-05-14T07:15:16Z2024-05-17T14:23:16ZClear project terms and payment rules
The most important elements of a construction project are the requirements for the project itself. Both parties need to understand the scope of the work that the client requires and how much they intend to pay for those services. Additionally, the contract should likely include terms for paying the company for the work and materials provided. Construction firms may also want to include penalty clauses that apply if a client defaults on payment, as well as clauses clarifying when the firm might pursue a lien against the property due to payment issues.
Rules for property access
Perhaps a client is a surgeon who has an irregular schedule at a local hospital. They may need how to limit access to the property so that they can obtain adequate rest. Maybe the lot or building is in a gated community, so the owner must make prior arrangements to provide workers and those delivering materials with access to the property. Clear schedules for the project and rules for property access can benefit everyone involved.
Dispute resolution terms
Even when a construction company does everything in its power to meet a client's expectations, some people may still take issue with the final product. It is therefore crucial for construction companies to include rules about dispute resolution. Requiring alternative dispute resolution before filing a lawsuit is in construction contracts. Both mediation and arbitration can keep disputes private and lead to an amicable resolution to a disagreement about the work.
Drafting thorough construction contracts can help make construction projects more predictable and deter frivolous litigation. Owners and executives who carefully establish proper construction contracts are less likely to end up embroiled in conflicts after the completion of work on a project.]]>On Behalf of Long & Robinson, LLC<![CDATA[Long & Robinson: Top Construction Law Firm 2023]]>https://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, LLC<![CDATA[Can a client sue a bankrupt commercial construction firm?]]>https://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.]]>
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