• Using Twitter to Explain Your Next Construction Project
  • November 10, 2017 | Author: John Redlingshafer
  • Law Firm: Heyl, Royster, Voelker & Allen Professional Corporation - Chicago Office
  • With fall arriving, many governments are already considering their plan for projects in 2018. Construction season can be a very exciting time, and as this newsletter and our firm seminars have conveyed over the years, it can also be a nerve-wracking experience unless you adequately prepare and understand the universe of legal issues involved in those projects.

    In today’s world of short sound-bytes and “tweets” as the primary sources for news (or other information), I wanted to try and capture the best of both worlds in this article. In essence, I am going to address numerous laws and legal issues that come to mind (or at least, should come to mind) as you consider and start your public construction project – but in a social media format. Specifically, each issue will be addressed in 140 characters or less, the maximum length of a “tweet” you can put out on Twitter. Do not overlook the “hashtags” I added, as those may also provide some important, related tidbits.

    Obviously, the format is for entertainment purposes only. This is not an exhaustive list of laws at issue, nor is it a thorough explanation of all of the issues the laws present. However, it should get you pointed in the right direction.

    Professional Services

    Need a surveyor, engineer, and don’t have one? Illinois law typically requires interview process.

    #professionalservicesselectionact

    Oversight

    Do you want someone in-house to oversee project? Do you want a committee to monitor project?

    #projectmanagerscanhelpstreamlineprocess

    Bids

    Services, labor & materials may need a bid. Don’t be cute and split up a project to avoid bid project.

    #whatisyourbidthreshold

    Freedom of Information

    Any documents created for the project are subject to the Freedom of Information Act.

    #includesbidpacket #claimoftradesecretisoverused

    Prevailing Wage

    Prevailing wage required for (sub)contractors on public works–anything funded in whole or part with public funds.

    #nomonetarythreshold

    Employees

    Want to use employees on project? Do you have work comp coverage? Did you hire them just for project?

    #avoidingprevailingwageisfrownedupon

    Bonds

    Contractors may automatically be required to get construction, performance, and other bonds.

    #askforthemanyway #askforanoriginalcertifiedcopy

    Insurance

    Ask your contractor to provide you with proof of insurance and your government to be listed as additional insured.

    #inadditiontobonds

    Substance Abuse Policies

    Illinois law requires contractors to share their employee substance abuse policies with you if they want to work on your project.

    #anyIllinoisproject #yeseventhisproject

    Change Orders

    Should you only discuss and simply agree on necessary changes during project? No. Demand formal change order.

    #geteverythinginwriting

    Prompt Payment

    If contractor fulfills obligations and you refuse to pay, you may be charged penalty.

    #promptpayment #youmusttellthemifyoudontlikeit

    Open Meetings

    Problem with the project? Litigation “imminent”? Closed session at public meeting is possible.

    #whatisyourdefinitionofimminentlitigation

    Statute of Limitations

    Do you know how long you have to sue on a breach of contract claim?

    #typicallytenyearstosuecontractor #contractoronlyhasoneyeartosueyou