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.
Posts Written By: Don Gregory
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 […]
Why Arbitration Matters More Than Ever
Arbitration has long been a staple for resolving construction disputes, ideally in a prompt and cost-effective manner by arbitrators familiar with the construction industry. For decades, the AIA documents required arbitration, but more recently the parties are given an option to “check the box” for arbitration or litigation. Some in the construction industry have become […]
Five Mistakes Guaranteed to Kill a Mediation
Almost every meaningful lawsuit goes to mediation, so it is important to get it right. Based upon hundreds of mediations, here are my five common mistakes to avoid. Don’t Expect to Win In mediation, you must “give a little to get a little.” If you expect the other side to voluntarily capitulate, you will be […]