Law Offices of

Kay & Andersen, LLC

ATTORNEYS AT LAW

One Point Place, Suite 201                                            Telephone (608) 833-0077   

Madison, WI  53719                                                    Fax (608) 833-3901

E-Mail:  law@kayandandersen.com

 

 

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Articles & Publications

 Disclaimer:  The information contained on this website is not legal advice.  You should consult with an attorney for legal advice regarding your individual circumstances.

Articles written by Attorney Randall J. Andersen and published in WATTS NEWS, a publication of the Wisconsin Chapter, National Electrical Contractors Association

Articles written by  Attorney Robert A. Mich, Jr. and published on-line by Wisconsin Society of Professional Engineers

Wisconsin Construction Lien Law Card

Wisconsin Right To Cure Act Procedures

"LAW NOTES" What Every Insurer Should Know

"LAW NOTES" What Every Employer Should Know

Articles of Interest Written by Attorney Robert J. Kay

E-News Articles Written by Attorney Robert J. Kay, and published on-line by Wisconsin Society of Professional Engineers (2006-2009)

Articles Published in Engineering Professional, the official publication of the Wisconsin Society of Professional Engineers (2001-2005)

Articles written by Attorney Robert J. Kay and published in WATTS NEWS, a publication of the Wisconsin Chapter, National Electrical Contractors Association (2005-July, 2009)

 

Articles written by Attorney Randall J. Andersen and Attorney Robert A. Mich, Jr. and published in WATTS NEWS, a publication of the Wisconsin Chapter, National Electrical Contractors Association

• Recovering Costs Associated with Failed Bids on Public Projects - January, 2012

• Concealed Weapons in the Workplace - December, 2011

• Spoliation of Evidence - November, 2011

• 100-Year Anniversary of Wisconsin's Safe-Place Statute - October, 2011

• What to do if You Receive a Bankruptcy Notice - November/December, 2010

• The Limited Liability Company - October, 2010                                                                                       

• Construction Trust Funds - September, 2010

• Traps for Contractors Under the Home Improvement Code - August, 2010

• Dealing With Past Due Accounts - July, 2010

• Legal Challenges to Bidding Process on State Construction Projects - June, 2010

• Making A Federal Case Out of It - December, 2009

• Lien Waivers - October/November, 2009

• Preference Claims in Bankruptcy - September, 2009

• Smart Decisions Made Early Increase the Likelihood of Collecting Problem Accounts - August, 2009

Articles written by Attorney Robert A. Mich, Jr. and published on-line by Wisconsin Society of Professional Engineers

• The Engineer's Role in Construction Administration - January, 2012

• Recoverability of Liquidated Damages - September, 2011

• Prerequisites to Bringing Action Against Local and State Government Bodies - July, 2011

• Recovering Costs Associated with Failed Bids on Public Projects - June, 2011

"LAW NOTES" 

WHAT EVERY INSURER SHOULD KNOW.....

• About Estoppel as a Defense to the Statute of Limitations - 11/11

• About Discovery and Proof in First-Party Bad Faith Claims - 07/11

• About the Enforceability of Informal Agreements to Settle - 04/11

• About Coverage for Accidents Involving Family Members of Insureds - 01/11

• About Liability When Controlling the Defense Without a Reservation of Rights - 10/10

• About Bad Faith Exposure for Judgments Under Policy Limits - 07/10

• About Timely Notice of Claims - 04/10

• About the Interplay Between Summary Judgment and Pleadings - 01/10

• About Compliance With Court-Ordered Mediation - 10/09

• About the Scope of Claim Preclusion - 07/09

• About Spoliation of Evidence - 04/09

• About the Scope of Settlement Agreements - 01/09

• About the Scope of an Insurer's Duty to Defend in Wisconsin - 10/08

• About Discovery of Bad Faith Claims - 07/08

• About Timely Payment of Claims and Potential Interest Liability - 04/08

• About Investigating a Proposed Insured's Disclosures - 01/08

"LAW NOTES" 

WHAT EVERY EMPLOYER SHOULD KNOW.....

• About Mistakes in Transactions - 07/09                                                                       

• About Work-Related Injuries - 04/09

• About Employee Use of Computers - 01/09

• About The Need For Clarity in Employee Compensation Plans - 10/08

• About Worker's Compensation Applicability to Non-Wisconsin Residents - 07/08

• About Recovering Interest - 04/08

• About Time Limitations in Non-Compete Agreements - 01/08

• About Public Statements Regarding an Employee's Termination - 11/07

• About Maintaining a Safe Place for Customers - 09/07                                                               

• About Liability for Employee Actions - 07/07

• About Termination of Employees for Lack of Attendance - 05/07

• About Employee Participation in a Fraud - 03/07

• About the Danger of Ambiguity in Employment Agreements - 01/07

• About Promises Made to Employees - 11/06

• About the Significance of Forum Selection Clauses - 09/06

• About Procuring Insurance Coverage - 07/06

• About Truthfulness in Advertising - 05/06                                                                                                       

• About Public Access to Confidential Records - 03/06

• About Employee Handbooks - 01/06

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Articles of Interest Written by Attorney Robert J. Kay

• Basic Liability Analysis For Professional Designers - July, 2009

• New Construction Documents - June, 2009

E-News Articles Written by Attorney Robert J. Kay, and published on-line by Wisconsin Society of Professional Engineers (March, 2006 - May, 2009)

• ConsensusDOCS, LLC Competes With EJCDC and AIA - 05/09

• To What Extent May a Professional Engineer Signing a Standard Design Contract With an Owner Rely Upon The Owner's Information and Surveys? - 04/09

• Engineer's Liability Exposure for the Contractor's Defective Construction - 03/09

• The Need for Injunctive Relief When Contesting an Award of Construction Contract and the Right to Recover Bidding Costs - 02/09

• The Effects of S. 895.447, Wis. Stats., Voiding Certain Agreements that Limit or Eliminate Tort Liability Upon Indemnity Agreements in Standard Design Contracts - 01/09

• Indemnity Agreements in Standard Design Contracts - 12/08

• How Are Public Ways in Subdivisions Lawfully Discontinued - 11/08

• Subcontractor Remedies Under the Theft By Contractor Statute - 10/08

• Liability for Incorrect Asbestos Testing - 09/08

• Waivers of Subrogation - 08/08

• Governmental Immunity, When Does It Apply? - 07/08

• Strict Liability Risks When Designing Dangerous Products - 06/08

• Statutes/Admin. Rules Regarding State Processing of Contracts with Architects/Engineers - 05/08

• Statutes/Admin. Rules Regarding the Selection of Architects/Engineers for State Construction Projects - 04/08

• Statutes and Administrative Rules Regarding the Hiring of Engineers and Architects on State Projects - 03/08

• Competitive Bidding in Public Projects and the Qualified Bidder - 02/08

• The Judicial Review of Disciplinary Action of the Examining Board of Architects, Professional Engineers, Design Professionals and Land Surveyors - 01/08

• Statute of Repose and the Safe Place Statute - 12/07

• Who Pays When Design Plans Are Insufficient - 11/07

• Public Highways Aren't A Substitute for Private Easements - 10/07

• "Betterment" and the Law of Damages - 09/07

• Possibly More Liability Protection for Professional Engineers Engaged in Designing, Lake, Stream and Storm Water Management - 08/07

• Party Appointed Arbitrators are Presumed to be Impartial - 07/07

• Must Professional Engineers be Registered in the State of the Court Where They are to Give Expert Testimony? - 06/07

• Cost Estimates by Design Professionals - 05/07

• Nature of Damages in Suits Against Design Professionals - 04/07

• Mediation as an Alternative Disputes Resolution Process - 03/07

• Does a Rejected Low Bidder Have Any Legal Remedies? - 02/07

• Arbitration in Wisconsin - 01/07

• Timely Notice of an Insurance Claim Required - 12/06

• Application of the Economic Loss Rule to Construction Activities...An Evolving Doctrine - 10/06

• Current AAA Procedures - 09/06

• State Projects Constitute a Substantial Portion of Revenue Earned by the Private Sector Each Year - 07/06

• Insuring Your Insurance Will Cover You - 03/06

Published in Engineering Professional, the official publication of the Wisconsin Society of Professional Engineers

• Bid Errors on Public Records - November/December, 2005

• Adherence to Prevailing Wage Rates - September/October, 2005

• Playing the Insurance Game - July/August, 2005

• Architectural Law - March/April, 2005

• Economic Loss Doctrine - January/February, 2005

• Copyright Protection - November/December, 2004

• The Attorney/Client Privilege - July/August, 2004

• An Owner's Representative Protects the Owner's Interest and Promotes Teamwork Among the Contractors on a Major Construction Project - March/April, 2004

• When Can You Seek Additional Compensation? - November/December, 2003

• Structural Defect or Unsafe Condition - It Makes a Difference When Injury Results - September/October, 2003

• When Professional Engineering Recommendations Are Ignored, Who Pays? - July/August 2003

• Misuse of Construction Monies - When A Contractor Fails to Pay His Subcontractors, Criminal Penalties Can Result - May/June, 2003

• The Importance of Site Visits - September/October, 2002

• Governmental Immunity and The Performance of Engineering Services - July/August, 2002

• Engineer's Liability Exposure for the Contractor's Defective Construction - May/June, 2002

• Owner's Have More Than One Theory of Recovery in Construction Defect Cases - March/April, 2002

• Is A Town Liable to an Owner Who Gets a Faulty Inspection? - January/February, 2002

• Impossibility of Performance as a Contract Defense - November/December, 2001

• Wisconsin Supreme Court Changes Its Mind on Zoning Variance - September/October, 2001

• Are Professional Designers Responsible for OSHA Standard Compliance? - July/August, 2001

• Statutes of Repose in Construction - May/June, 2001

• Continuing Education of Engineers - March/April, 2001

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Articles written by Attorney Robert J. Kay and published in WATTS NEWS, a publication of the Wisconsin Chapter, National Electrical Contractors Association (2005 - July, 2009)

• Published Design and Construction Documents and the Electrical Contractor - July, 2009

• Construction Laws Applicable to Municipalities - June, 2009

• Performing Construction for the State of Wisconsin - May, 2009

• Commercial General Liability Policies Do Not Cover the Insured's Defective Work or Misrepresentations - April 2009

• The Substitution of Bonds for Construction Liens - February 2009

• The Need for Injunctive Relief When Contesting An Award of Construction Contract - January, 2009

• The Status of Indemnity Provisions in Construction Contracts - December, 2008

• Unpaid Subcontractor May be Entitled to Treble Damages from Prime Contractor - November, 2008

• Subcontractor Protection Under the Theft By Contractor Statute - October, 2008

• Some Void Construction Contract Provisions - September, 2008

• How Much Deference Does the Wisconsin Court of Appeals Give a State Agency Decision? - August, 2008

• Liability of the Contractor Under the Home Improvement Practices Act - July, 2008

• Contractor's Right to Cure Construction Defect - June, 2008

• Stray Voltage and Electrical Contractors - May, 2008

• Can Contractors Recover Economic Losses from Architects or Engineers? - April, 2008

• Administrative Code Provisions Relating to Electrical Construction - February/March, 2008

• Wisconsin Statutes Governing Electrical Contractors and Electricians - January, 2008

• Is Suspending Performance and Pulling off the Job a Reasonable Alternative for a Contractor Facing a Substantial Dispute During Construction? - December, 2007

• Who Pays When Design Plans Are Insufficient? - October, 2007

• Employee Terminated For Cause Still Entitled to Worker's Compensation Benefits - September, 2007

• New Law on Subcontractors' Rights Against Prime Contractors - August, 2007

• Contracting for Future Construction Services - July, 2007

• The Need to Race to Court to Protect Your Rights as the Low Bidder - June, 2007

• Be Careful What You Orally Promise An Employee - May, 2007

• Wisconsin Administrative Rules Regarding State Construction - Part 2 - April, 2007

• Wisconsin Administrative Rules on State Construction - Part 1 - February-March, 2007

• Home Improvement Contracts - January, 2007

• Complying With Your Commercial General Liability Insurance Policy Requirements - December, 2006

• Remedies When You Are Not Offered a Construction Contract, as Low Bidder - November, 2006

• Construction Services and The Economic Loss Rule - October, 2006

• Changes in Wisconsin's Construction Lien Law - September, 2006

• Restrictive Covenants in Employment Contracts - August, 2006

• Waiving Subrogation Rights by Contractors - July, 2006

• A Review of the Contract Law Doctrine of "Impossibility of Performance" - June, 2006

• Union Employees are Entitled to Written Specific Charges Before Being Disciplined - May, 2006

• Critical Path Scheduling in Construction Claims - April, 2006

• Benefits and Claims Beyond Workers Compensation - March, 2006

• Construction Services and The Economic Loss Rule - January, 2006

• Timely Advise Your Insurance Carrier of a Claim Against You - December, 2005

• Finding and Admitting Bid Errors - November, 2005

• Construction Contracts Should be in Writing Even When the Law Does Not Require It - September, 2005

• Comparison Between "Design" Specifications and "Performance" Specifications - August, 2005

• CGL Policies Cover Subcontractor Negligence That Harms Owner - July, 2005

• Consequences of Failing to Pay Prevailing Wage Rates on Public Projects - June, 2005

• Notices Required To Use The Construction Lien Statutes - May, 2005

• Application of Home Improvement Consumer Laws to Contractors - April, 2005

• Enforceable Arbitration Agreements Must Be in Writing - March, 2005

• Contractors Sometimes Sue The Owner's Mortgage Lender - February, 2005

• The Economic Loss Doctrine Doesn't Apply to Construction Services - January, 2005