Posts Written By: Mike Madigan

Ruling in Favor of an Unpaid Subcontractor, the Ninth District Court of Appeals Finds Not All Pay-if-Paid Clauses Are the Same

In Ohio Fabricators, Inc. v. Aster Elements, Inc., 2019-Ohio-3978, Ohio’s Ninth District Court of Appeals recently refused to uphold a purported pay-if-paid clause despite the fact the clause included the phrase “condition precedent.” In the past, the use of the term “condition precedent” normally signified the payment terms were “pay-if-paid,” which required the general contractor to […]

8th District Court of Appeals Allows City of Cleveland to Continue With Its Residency Requirements

Updating earlier blog postings on this topic, the Eighth District Court of Appeals followed earlier court rulings and prohibited the State from enforcing its statute eliminating residency requirements for construction projects, which was signed by Governor Kasich in August 2016 (City of Cleveland v. State of Ohio, 8th Dist. Cuyahoga No. 105500, 2017-Ohio-8882). By doing […]

Ohio’s Statute of Repose Does Not Apply to Breach of Contract Claims

The Third District Court of Appeals (Seneca County) recently ruled that Ohio’s statute of repose (R.C. 2305.131) does not apply to breach of contract claims. See New Riegel Local School District, Board of Education and State of Ohio v. The Buehrer Group Architecture & Engineering, Inc., 3rd Dist. Seneca Nos. 13-17-03, 13-17-06, 2017-Ohio-8521. The case […]

Surety and Broker Face Liability for Principal’s Alleged Violations Under the False Claims Act

A United States District Court ruled that there are instances where a surety and its broker could face liability for its principal’s violation of the Federal Government’s False Claim Act. In United States ex rel. Scollick v. Narula, 2017 WL 3268857 (July 31, 2017), an individual whistleblower brought an action under the False Claims Act […]

How to Build Successful Projects: A Guide for Owners + Developers

Construction law attorneys Don Gregory + Mike Madigan hosted a seminar that focused on the risks that threaten the common goals of building on time and within budget. The presentation features essential and pragmatic tools for owners and developers to create a successful project. View the presentation