Legal Insights Archive

How to Mitigate the Risk of Volatile Pricing + Supply Disruptions

In a time of volatile pricing and stressed supply chains, there is increasing uncertainty whether a subcontractor or supplier will be able to timely satisfy its scope of work. If there is an inability to hold the original price and schedule duration, the entire project will suffer. Open communication of these risks to all members […]

2022 Construction Industry Court Rulings of Interest (So Far)

Below is a brief summary of two rulings issued by Ohio courts so far in 2022 that are of interest to the construction industry. Fiscal Officer’s Failure to Certify That Funds Have Been Lawfully Appropriated Results In a Void Contract A recent case issued by Ohio’s First District Court of Appeals (Hamilton County) in March […]

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 […]

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 […]