Our construction attorneys serving Omaha, Bellevue, Millard, Papillion, Elkhorn, Council Bluffs, and surrounding communities.

Construction Disputes

Construction contracts and their performance impose risk - risk of non-performance, risk of defective work, and risk of non-payment. The professionals at Johnson Tabor & Johnson Law have worked in the construction field for years and we are intimately familiar with the myriad of problems that can occur throughout a construction contract.

The construction law attorneys at Johnson Tabor & Johnson Law have the skill, experience, and passion to help you avoid and resolve issues that may arise during a construction project. We represent individuals, contractors, subcontractors, and owners on a variety of topics surrounding construction. Some of these areas are shown below.

Mechanics' Liens

Nebraska law, along with most other states, allow tradesmen and material suppliers to file liens on property upon which they have made improvements or supplied material. A lien is a property interest and a lien holder is situated very similarly to that of a lending company. A lien held by a tradesmen can be foreclosed, just as a lender can foreclose on a home for non-payment.

A lien is generally filed when construction services have been performed but the owner or general contractor has not paid for its performance. A lien provides a simple way to protect yourself and helps ensure that you will get paid. Just filing a lien doesn't do anything other than preserve your right to enforce or foreclose the lien later, if other attempts to collect the debt are not successful. However, just filing a lien may help resolve the issue and get you paid because owners will be put on notice that you intend to enforce your rights.

The lien statutes have many rules that must be complied with - one of which being a relatively short window of time in which a lien must be filed. If you have provided construction services and remain unpaid, call us today and we can help determine if we still have time to file a lien.

Collections and Payment Issues

If you have provided construction services and have not been paid, let the attorneys at the Law Office of Adam P Johnson help you recover the debt. Many times simply sending a demand will help urge the payment of the debt. However, if a debt remains unpaid we can utilize the following methods to collect:

Demand Letters
Lien Filing
Lien Enforcement/Foreclosure
Lawsuit

Breach of Contract

Simply put, a breach of contract occurs when one party fails to perform their obligations under a contract. Often this is when a contractor fails to provide services or the owner fails to pay for the services. However, there are many instances when it is not that simple. Additionally, there are rules that must be followed even if the other party to a contract has failed to perform. In other words, there are times when you cannot simply walk away from a contract, even if the other party has not done what they were contractually obligated to do. If you are involved in a dispute of this kind speak with one of our professionals today and see how you should proceed.

As mentioned above, even if the other party in a contract breaches their obligations, you may remain obligated to perform your contractual obligations. Likewise, even if you have reason to believe that the other party won't fulfill future obligations (such as payment), there are certain steps you must take to avoid being the party who is liable for breaching the contract. There are many issues surrounding a breach of contract. Speak with one of our professionals today and we will be happy to provide you guidance on how you should proceed to fully protect yourself from liability.

If you would like to read more about contract issues, including breach of contract, please visit our breach of contract microsite.

Transactions

Small businesses, especially in the trades, are often overwhelmed with the myriad of tasks that need to be performed on a daily basis. Our professionals have spent years working in the construction industry and we are familiar with the every day challenges faced by most small business owners in this industry. We can help perform these tasks, some of which include:

Contract Drafting
Contract Review
Corporate Filings
Regulatory Compliance
General