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 office of the Attorney General. Yet the insurance policies that provide such a defense typically only allow the carriers to select counsel. This means that the risk shifted in these contract documents may not be fully insurable.

Those bidding OFCC public work are strongly advised to consult with their insurance advisors about this risk.