Kay & Andersen, S.C.

ATTORNEYS AT LAW

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

Madison, WI  53719                                                    Fax (608) 833-3901

 

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"LAW NOTES"  from the Law Firm of Kay & Andersen, S.C. 

WHAT EVERY EMPLOYER SHOULD KNOW.....

• 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

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

• 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 the Selection of Architects/Engineers for State Construction Projects Part 2 of 2 - 05/08

• Statutes/Admin. Rules Regarding the Selection of Architects/Engineers for State Construction Projects Part 1of 2 - 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 (See page 7 of 8)

• Arbitration in Wisconsin - 01/07

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

• Construction of a Building is Subject to the Economic Loss Rule - 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

• Some Void Construction Contract Provisions - September, 2008 (p. 3)

• How Much Deference Does the Wisconsin Court of Appeals Give a State Agency Decision? - August, 2008 (p. 3)

• Liability of the Contractor Under the Home Improvement Practices Act - July, 2008 (p. 3)

• Contractor's Right to Cure Construction Defect - June, 2008 (p. 3)

• Stray Voltage and Electrical Contractors - May, 2008 (p. 3)

• Can Contractors Recover Economic Losses from Architects or Engineers? - April, 2008 (p. 3)

• Administrative Code Provisions Relating to Electrical Construction - February/March, 2008 (p. 3)

• Wisconsin Statutes Governing Electrical Contractors and Electricians - January, 2008 (p. 3)

• 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