Legal Insights Archive

Risk Management 101 for Contractors

In an era of volatile material costs, it is important for contractors to implement strategies to minimize their risk. While some contracts provide relief for excessive cost increases for fuel, steel, or other discrete items, contractors generally assume the risk of cost increases and other unpredictable developments post-bid. The first risk that contractors can minimize […]

Another Look at Force Majeure Clauses

Force majeure or “Act of God” clauses were often forgotten until the COVID-19 pandemic dusted them off and made them relevant again. These clauses are well worth another look. What is Force Majeure? “Force majeure” is the term used to describe an exceptional event or circumstance that is unforeseeable, beyond the control of the parties, […]

ConsensusDOCS 200.1: An Amendment to Adjust for Time + Price-Impacted Materials

Construction contractors and subcontractors are struggling with volatile price increases and the availability of materials. Construction stakeholders are looking for ways to fairly adjust time and price during these uncertain times. ConsensusDOCS is a group of dozens of construction trade associations that have agreed upon equitable contract documents. ConsensusDOCS 200.1 is an Amendment form that […]

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 […]