What Is a GMP Contract?

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A Guaranteed Maximize Price Contract or GMP contract is a type of construction contractor where the contractor agrees to perform work plus an agreed-upon profit up to a predefined maximum level. Under this type of contract, Contractors are responsible for cost overruns that exceed the maximum price.  But owners benefit when the costs do not […]

What Should I Do If I Get Sued?

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Being served with a lawsuit is stressful, whether it’s against you personally or your business. After being served, there are serious deadlines you do not want to miss to protect all your legal rights. The Summons and Complaint A summons and complaint are two documents that start a lawsuit. When a summons and complaint are […]

What to Expect When You Mediate

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Every mediator brings a different style and approach to a mediation. Here’s what you can expect from your Murdock Law mediation. Discuss the Process When the parties agree to work with a Murdock Law mediator, the first step will be a discussion about the mediation process. Will the parties submit confidential mediation statements to the […]

I Have a Lien . . . Now What?

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Preserving lien rights is a great way for contractors to protect themselves in case something goes wrong when payment is due. Wisconsin law allows anyone who provides work, labor, or material for the improvement of land to file a lien against the real estate. Using foreclosure to get paid A lien on a property is […]

Arbitration Clauses in Construction Contracts

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It’s going to happen eventually. No matter how careful you are on your construction projects, something eventually will go wrong. How are you going to deal with it when you end up in a fight with the owner or a subcontractor? The best time to think about dispute resolution is before the dispute ever arises–when […]

Contractor Notice of Lien Rights In Wisconsin

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Remember in middle school when your teacher announced a pop quiz as you sat down at your desk at the start of class? A collective groan would erupt from the students as the teacher stood at the front of the room listing off the rules of engagement. “Your name must be in the upper right […]

Are Oral Construction Contracts Enforceable?

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Most people have heard the old joke that, “oral agreements aren’t worth the paper they’re not written on.”   But the fact is that we make oral commitments and “handshake deals” to each other all the time.  Sometimes those commitments involve large sums of money and complicated commitments involving construction projects without a written contract. […]

A Problem With Madison Area Construction Contracts

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Over the last year, we had the opportunity to review several construction contracts from Madison area builders. We observed a significant problem with the dispute resolution provision that many contractors use in their form contract. As written, the provision may be unenforceable. We recommend that Madison area contractors and builders review their form contracts. Likewise, […]

How to Remove a Lien in Wisconsin

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Construction liens are powerful tools for contractors to recover money they are owed on a construction project. However, sometimes legitimate reasons cause an owner or a general contractor to withhold payment from a contractor or subcontractor. For example, if the workmanship is poor or the contractor claims completion of more work than actually performed. The […]

Getting Paid For a Construction Project Using Liens in Wisconsin

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Getting payment on outstanding invoices for completed work can be very frustrating for contractors. Typically, contractors prefer performing their trade and building their businesses. Contractors have several tools to effectively obtain money owed. It is often said, that “the best offense is a good defense.”  This is certainly true about getting paid. Contractors can avoid […]

Can I Sue For the Emotional Distress Caused By Construction Defects?

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Discovering that your home has construction defects that will cost you time and money is undoubtedly very stressful for homeowners. Frequently, homeowners ask if they can recover money for emotional distress caused by construction defects or dealing with an obnoxious contractor. Wisconsin Law On Emotional Distress Wisconsin’s tort law recognizes a claim for damages where […]

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