Should I Demand Arbitration or Not?

If a dispute goes on long enough, it will ultimately result in litigation or arbitration. Parties need to think about whether they would rather end up in court, or with a private arbitrator, or arbitration panel. Many of the well-accepted trade association contracts have a “check-the-box” approach, in which you need to say whether you […]

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Are You Prepared for the Risks of Design Delegation?

Design build contractors are generally familiar with the risk they are assuming under the traditional design-build model in which the contractor is responsible for the design, as well as the construction of the design his team has created. However, contractors are less familiar with the risks that are assumed under a design-bid-build model in which […]

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Is Your Owner’s Representative a Problem Solver or a Paper Pusher?

On large and complex construction projects, the overall purpose of an Owner’s Representative is to guide the Owner through the design and construction process. At the Project’s inception, an Owner’s Representative should provide valuable insight for the Owner to consider when making critical decisions, such as the selection of the design professional and construction manager. […]

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Ohio SB 56 – Indemnity + Relief for Designers

Governor DeWine will likely soon be signing into law Senate Bill 56, which will prohibit indemnity clauses in public contracts that make architects, engineers, and other designers responsible for the negligence of others. Referred to by some as the “Indemnification Bill,” the new law, among other things, creates Section 153.81 of the Ohio Revised Code. […]

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Creating an Effective Attorney-Client Relationship

Perhaps no business relationship is more important than the attorney-client relationship. As in a marriage, by focusing on realistic expectations and what both sides of that relationship can do to improve it, a more effective and rewarding partnership can be created. While I certainly do not claim to have all the answers, my 40 years […]

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