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COMMON MISTAKES MADE BY CONSTRUCTION CLIENTS A LABOR & EMPLOYMENT LAWYER'S PERSPECTIVE
OR "BOB'S TOP 5 LIST"

17th Annual Construction Law Conference

March 4 & 5, 2004
Dallas, Texas

Robert D. Kilgore

Cox & Smith Incorporated
San Antonio, Texas




Abstract

I have represented construction clients in labor matters for over 20 years. Typically, these clients don't want a lot of "on this hand, on the other hand" advice. They are used to having a challenge on their hands and they make their money (and pay their bills) based on meeting that challenge on time and on budget. Most lawyers are an impediment to on time and on budget. If you are part of the fix, great. If you are part of the problem, get out of the way. Construction clients are for the most part well intentioned, law abiding citizens. However, there are any number of employment-related laws that can trip up the best of intentions. In order to keep these well intentioned people out of trouble, here is my Top 5 List of mistakes construction companies make.

Top 5 List

  • Number 5: What do you mean harassment? It was just a joke!
  • Number 4: You can't sue me; I've got worker's compensation.
  • Number 3: If I pay a salary and give a title to the employee, I don't have to pay overtime.
  • Number 2: He's not my employee; he's "contract labor."
  • Number 1: I know what Joe is worth; what rate in the wage determination is closest?



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