Legal Insights Archive

COVID’s Latest Curveball for the Construction Industry- Project Requirements for Proof of Vaccination for All Onsite Personnel

Nearly 18 months ago as the impacts of COVID were just starting to appear, many in the construction industry were learning for the first time about contractual terms like force majeure and excusable delays. Fortunately in central Ohio, a tsunami of claims between owners and contractors for the additional costs of those delays has yet […]

Signing + Sealing Roadway Construction Plans: From 2-D Wet Ink to 3-D Blockchain

Recently I was asked to opine about the legal pitfalls surrounding the signing and sealing of 3-D plans; a technology platform for construction project documents that Ohio government entities like ODOT may soon embrace. Signing documents electronically is nothing new. For more than 20 years, it has been the law in Ohio to allow “electronic” […]

Bidding Amid Price Escalation + Shortages

The COVID pandemic disrupted production and supply distribution chains. Pent up demand is increasing the need for construction materials, and prices are rising dramatically. And some materials have been rationed or allocated on a limited basis. All of these factors have increased the uncertainties and risks for bidders, and those seeking to rely upon those […]

Another Court Awards Extended Home Office Overhead

For years, owners and contractors have battled over whether extended home office overhead is recoverable for project delays, and if so, how to best measure it. Our firm has successfully represented contractors in recovering extended home office overhead for project delays – even on non-ODOT jobs – utilizing ODOT’s well-accepted HOOP formula. Our firm has […]

New Loss of Labor Productivity Standard on the Way

Common are the construction projects that do not go as planned. Schedules slip as unexpected problems occur and pressure builds on all project participants to “catch up” and still preserve the project budget and completion date. It is typical in these circumstances to see acceleration and delay claims arising from these schedule impacts. Claims for […]