State Contract Requires CMs Assume Uninsurable Risk?

The OFCC prepares form contract documents that are utilized on the State of Ohio projects that it administers. Recent changes to the CM-at-risk contract with respect to insurance are giving heartburn to the construction industry that bids that work. Section 10.6 now requires the CM to defend the OFCC with counsel specifically approved by the […]

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“Pay-if-Paid” No Defense to Miller Act Claim

“Pay-if-paid” clauses are finding their way into subcontracts with increasing frequency. These clauses tie the subcontractor’s right to payment to the contractor’s receipt of payment from the owner. Federal projects require the contractor to post a “Miller Act” payment bond guaranteeing timely payment to subcontractors and suppliers. A recent case out of Virginia has answered […]

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Debunking the Top Ten Payment Myths

Payment is the lifeblood of any contractor, subcontractor or supplier. Yet many myths adversely affect your ability to timely secure payment. Here is my personal top ten. 1. “Don’t worry about it, we can always lien.” While lien rights are important, they are not a substitute for good credit practices. Lien rights only attach to any […]

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Preemptive Actions for Construction Collections

In a quick-paced world, getting paid promptly is key to many construction businesses. In order to do so, preemptive actions on the front end of your relationships with contractors and general managers is best. Here are a few quick tips to help you get out in front of the curve towards successful collections. 1. Initially, get as […]

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What Can You Learn From a Country Lawyer? Abe Lincoln Revisited.

One Hundred and Seventy-Five Years ago a wiry country lawyer traveled the states of the old Northwest Territory, often sharing rooms and meals with opposing counsel and the circuit judge as they dispensed justice from county seat to county seat. While I would not recommend similar sleeping arrangements today, modern trial lawyers can still learn […]

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