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Using Twitter to Explain Your Next Construction Project
Wednesday, October 18, 2017

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.

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

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

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.

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

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

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

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.

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.

Statute of Limitations
Do you know how long you have to sue on a breach of contract claim?
#typicallytenyearstosuecontractor #contractoronlyhasoneyeartosueyou

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