Posts Written By: Don Gregory

ConsensusDOCS 200.1: An Amendment to Adjust for Time + Price-Impacted Materials

Construction contractors and subcontractors are struggling with volatile price increases and the availability of materials. Construction stakeholders are looking for ways to fairly adjust time and price during these uncertain times. ConsensusDOCS is a group of dozens of construction trade associations that have agreed upon equitable contract documents. ConsensusDOCS 200.1 is an Amendment form that […]

How to Mitigate the Risk of Volatile Pricing + Supply Disruptions

In a time of volatile pricing and stressed supply chains, there is increasing uncertainty whether a subcontractor or supplier will be able to timely satisfy its scope of work. If there is an inability to hold the original price and schedule duration, the entire project will suffer. Open communication of these risks to all members […]

The Spearin Doctrine in Ohio Government Contracting, Part 1

Don and Tom authored Part I of this article (page 10) on the Spearin Doctrine for Ohio Contractor Magazine, outlining the history of the concept, how it affects public works disputes, and how it can be used as both a “shield” and a “sword” when a project fails.

Appeals Court Finds Arbitration Was Not Waived

Often, parties to a dispute will disagree on whether the matter should go to court or arbitration. Sometimes the party that prefers court will file suit first and the other party wanting arbitration must decide what to do. The party preferring arbitration cannot ignore the lawsuit, but also must be careful not to waive its […]

Public Construction Frontloads Costs Under “Best Value” Model

Approximately a decade ago, the State of Ohio and its public authorities cast aside the multiple-prime contractor bidding system that had delivered low-bid pricing from MEP and other prime (sub) contractors, but often led to coordination problems and disputes at the end of a difficult job. As part of the “Construction Reform” effort, the State […]