Posts Written By: Mike Madigan

ODOT Changes the Rules on Prequalification

On January 8, 2021, ODOT held a hearing to notify the public of its intent to change its rules regarding contractor prequalification. Notice and copies of that rule change can be found here. Essentially, ODOT modified 5501:2-3-03 and 05 to “lower” the amount a contractor can bid on ODOT construction projects by lowering the dollar […]

Ten Tips for Minimizing Risk When Proceeding with Weather-Sensitive Work During Winter’s Wet +Cold Conditions

Just as the leaves change every year, those involved in construction projects around central Ohio face the annual push to complete weather-sensitive activities prior to the arrival of winter’s cold and wet conditions. Some common examples include completion of asphalt, roofing, and other building enclosure activities, because many of these activities are dependent on relatively […]

Appeals Court Finds For Contractor on Its Overhead Claim, But Not During Concurrent Delays

The First Appellate District of Ohio (Hamilton County) recently found for a contractor on its overhead claim against a public housing authority. In Jindal Builders & Restoration Corp. v. Cincinnati Metro. House Auth., 2020-Ohio-4043, the Court cited a number of cases that allowed a contractor to recover its indirect costs, and specifically home office overhead […]

The Fourth Quarter of 2019 Brought Some Notable Court Decisions for the Construction Industry

As 2019 came to a close, below are a handful of decisions issued by Ohio courts throughout the year that were of interest to those in the construction industry. 1. Ohio’s Tenth District Court of Appeals Provides Helpful Guidance as to When the Article 8 Process is Triggered and Again Acknowledges that the Public Owner […]

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 […]