In N.L. Constr. Corp. v. Ohio Dep’t of Admin. Servs., Ct. Cl. No. 2011-08318, Aug. 30, 2012, the Court of Claims of Ohio rejected the state’s argument that it did not need to provide a 72-hour notice to a contractor before the state terminated its general trades contract. Don Gregory explains that contractual and statutory notice, and an opportunity to cure, are “conditions precedent” to the state’s termination of a construction contract. If the state fails to abide by those rules, the state may be barred from recovering against a contractor.
State Must Give Notice to Recover
In Publications
