News & Resources

Chasing Out-of-state Work May Cost Unsuspecting Contractors

Many Idaho contractors are seeking work in other states as a result of the current local construction market and opportunities in other areas. Energy related construction in states like North Dakota has attracted contractors from all over the country. Although these states offer substantial business opportunities, Idaho contractors should be aware of potential problems that … Continued

Ensuring Performance In A Troubled Economy

The current economic downturn and credit crisis is causing significant problems for the construction industry. As new projects become scarce, competition for the limited work increases as companies seek to keep their employees working. This sounds like a “good” deal for owners but it comes with some added risks. Owners must balance the desire to … Continued

Construction Claims: A Race Against Time?

Contractors pride themselves on building projects that will stand the test of time. Unfortunately, however, claims often arise after final completion of a project. In these instances it is important to know that the Idaho Legislature has enacted statutory limitation periods which set a maximum period of time in which a contractor is liable for … Continued

Beware of Federal False Claim Act on State and local projects

Most contractors with experience on federal construction projects are familiar with the federal False Claim Act (“FCA”) which provides for civil and administrative penalties for anyone who knowingly submits or causes the submission of a false or fraudulent claim to the United States. The civil penalties range from $5,500 to $11,000 for each false claim … Continued

Review Contracts to Limit Consequential Damages

An award for consequential damages against a contractor can turn a profitable project into a potential for bankruptcy. Consider this example: In 1983 a contractor was hired as construction manager on a project to renovate an Atlantic City casino. The contract stated that the contractor would coordinate with the owner and architect, supervise the trade … Continued

Penalties Clarified Under The Idaho Contractor Registration Act

With few exceptions, the Idaho Contractor Registration Act (“Act”) requires registration of anyone who engages in construction work or holds themselves out as capable of performing construction work for others. Contractors in Idaho are well aware that failure to comply with the Act has serious consequences. The Act contains several non-criminal penalties for failure to … Continued

When is a Construction Manager Liable for On-Site Injuries?

Who is liable for a construction project’s on-site safety: the construction manager (CM), the various contractors, or the owner? Idaho’s general rule is that that party having control of the premises may be liable for failure to keep the premises in safe condition. Whether a CM is in “control” of a construction site is governed … Continued

When is a Construction Manager Liable for On-Site Injuries?

Who is liable for a construction project’s on-site safety: the construction manager (CM), the various contractors, or the owner? Idaho’s general rule is that that party having control of the premises may be liable for failure to keep the premises in safe condition. Whether a CM is in “control” of a construction site is governed … Continued