Ruling in Favor of an Unpaid Subcontractor, the Ninth District Court of Appeals Finds Not All Pay-if-Paid Clauses Are the Same

In Ohio Fabricators, Inc. v. Aster Elements, Inc., 2019-Ohio-3978, Ohio’s Ninth District Court of Appeals recently refused to uphold a purported pay-if-paid clause despite the fact the clause included the phrase “condition precedent.” In the past, the use of the term “condition precedent” normally signified the payment terms were “pay-if-paid,” which required the general contractor to […]

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Construction Client Happy Hour: October 24

Unwind after a long work week and join our clients and friends in the construction industry at North High Brewing for a happy hour. We hope that you will join us on Thursday, October 24 at 5:00p.m. Please register by Monday, October 21, by contacting Olivia Moore, omoore@keglerbrown.com or (614) 255-5515. Details Thursday, October 24, […]

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Subcontractors + Suppliers Score a Mechanic’s Lien Rights Victory in Ohio Appellate Court

On August 14, 2019, the Court of Appeals, Ninth Judicial District (Summit County) handed Ohio subcontractors and suppliers a victory on mechanic’s lien rights by reversing and remanding a trial court decision where the lower court had held that a subcontractor’s notice of furnishing was invalid because it was served before the sub had performed any labor or […]

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Design-Assist vs. Design-Build

The terms, Design-Assist and Design-Build, are frequently used by the construction industry in recent years. While they sound similar, they could not mean more different things. Design Assist Under Design-Assist, the construction team, often including key subcontractors, is engaged by the owner to collaborate with the design professional during the design phase to improve constructability […]

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ConsensusDocs Adopts Master Subcontract + Project Work Order Forms

Contractors and Subcontractors who regularly work together frequently favor a Master Subcontract Agreement that sets forth the basic legal terms of the relationship regardless of Project, and an individual Project Work Order setting forth the scope and price on every discrete job. This saves time and hassle wrangling about subcontract language on a project-by-project basis. […]

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