Hospitals and physicians rarely enter into a referral relationship involving Medicare patients without first considering the Stark law, but until recently, the government's enforcement efforts largely ignored Medicaid. Now,…more
You have an enforceable contract in place, but something changes with the work. Maybe the Owner has made a scope change. Or perhaps inclement weather created a material delay. Whatever the reason, the change may be given…more
Every construction project incurs setbacks. Such setbacks may result in delayed performance by one or more trades. Such delays may be inexcusable, particularly if the trade caused the delay. Others may be "excusable" delays. …more
Countless privately owned construction companies earn some, or possible, most of their revenue from publicly awarded contracts. In the past in Kentucky, that could have equated to a private company being deemed a "public…more
Public-sector construction contracts can provide a wide berth of benefits but may also present a variety of practical and legal pitfalls. Such projects tend to be more financially stable, an important incentive in the current…more
For all of their associated benefits, public-sector construction contracts can also present a wide variety of practical and legal pitfalls. Prospective contractors are subject to the political whims and preferences of whatever…more
In 1962, Kentucky enacted laws regarding condominium regimes. Since that time, the law has remained largely unchanged for nearly 50 years. Only two court cases have been decided under current law. Little guidance exists…more
According to the owner's wishes, contracts frequently require contractors to put changes to the work in writing in order to be compensated. However, throughout the construction project, owners often become lackadaisical with…more
Particularly in this economy and construction market, contractors want to get paid for their work as quickly as possible. Delayed payments can have devastating effects. They can result in work stoppage, subcontractor disputes,…more
Oftentimes, in the context of a construction contract, there are three primary parties: (1) the owner of the project; (2) the architect, who is responsible for drawing up the various plans and blueprints necessary for the…more
Owners and architects often disagree about limitation of liability clauses. Architects generally desire to limit their liability to their fee for service. However, if there is a design defect, the project can go bad quickly. …more
Controlling the risks inherent in a commercial construction project can be daunting, even for experienced owners. And the challenges are greater in today's economic environment. Experience shows that the risk of contractor…more
Contractors often hear about the importance of filing a mechanic's lien if they are not paid for a particular job. However, what is not often discusses is what to do if the contractor is out of time to file a lien. Though a…more
Courts across the country are increasingly denying policyholders coverage for construction defect claims. Construction companies need to ensure that their policies sufficiently protect them against construction defect claims. …more
The general rule is that contractors are not liable for the injury or death of a subcontractor's employee. Among the exceptions, however, are Ohio's "active participation" rule and Kentucky's "retained control" doctrine.
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