Mediation is increasingly utilized to minimize the high costs and uncertainty of litigation in the digital age. Practitioners are well served to better understand what techniques are – or are not – effective in mediation. Don Gregory, chair of our construction law area, hosted a seminar focused on mediation. Drawing from his many experiences as […]
Posts Written By: Don Gregory
Top Ten Payment Myths
Many in the construction industry fall prey to these payment myths – and encounter collection problems as a result. 1. “Don’t worry about it, we can always lien.” Just filing a lien does not convert an unpaid receivable into cash. There must be equity in a property to collect. 2. “We don’t care about anyone […]
Prompt Pay Act Still Has Teeth
We helped negotiate, draft and pass Ohio’s Prompt Payment Act (R.C. 4113.61) in the early 1990s. It became a model for many other states. The Act provides that once a contractor gets paid for a subcontractor’s (or supplier’s) work, he must pay the subcontractor within ten (10) calendar days after receipt. If he fails to […]
5 Tips for Minimizing the Risk of a Problem Project
“Any Construction Project Is a Problem in Progress” What separates successful owners, contractors and subcontractors from the unsuccessful ones is the ability to effectively manage problems. Through the effective management of problems with good people, problems can be resolved without deteriorating into serious disputes, or if disputes occur, they can be more timely and inexpensively […]
Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub
Bonding companies often argue that payment is not yet due under a payment bond because of “pay if paid” clauses, alternative dispute resolution (“ADR”) requirements, or other provisions of subcontracts that purport to delay recovery until the resolution of the dispute between the Owner and Contractor. But the case of Strittmutter Metro, LLC v. Fidelity […]