Government Smart Contracts: Another Opportunity Created by HB177

Currently, the Ohio House is debating HB177 [i], which will allow Ohio government at all levels to use distributed ledger technology or “blockchains.” Blockchain technology has been in the news of late, not only for its use in Bitcoin, but also due to some controversial concerns raised by privacy advocates in Europe [ii] and elsewhere […]

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Another Court Awards Extended Home Office Overhead

For years, owners and contractors have battled over whether extended home office overhead is recoverable for project delays, and if so, how to best measure it. Our firm has successfully represented contractors in recovering extended home office overhead for project delays – even on non-ODOT jobs – utilizing ODOT’s well-accepted HOOP formula. Our firm has […]

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ODOT Changes the Rules on Prequalification

On January 8, 2021, ODOT held a hearing to notify the public of its intent to change its rules regarding contractor prequalification. Notice and copies of that rule change can be found here. Essentially, ODOT modified 5501:2-3-03 and 05 to “lower” the amount a contractor can bid on ODOT construction projects by lowering the dollar […]

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New Loss of Labor Productivity Standard on the Way

Common are the construction projects that do not go as planned. Schedules slip as unexpected problems occur and pressure builds on all project participants to “catch up” and still preserve the project budget and completion date. It is typical in these circumstances to see acceleration and delay claims arising from these schedule impacts. Claims for […]

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4th Circuit Rules for Subcontractor on “Subcontract vs. Miller Act” Issue

In the recently decided case of Aarow/IET, LLC v Hartford Fire Insurance Company, No. 19-1710 (4th Cir. 2020), the U.S. Court of Appeals for the Fourth Circuit issued a victory for a subcontractor whose federal Miller Act (payment bond) claim had been preliminarily dismissed by the Eastern District of Virginia trial court after that court […]

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