Legal Insights Archive

“Any Construction Project Is a Problem in Progress” What separates successful owners, contractors and subcontractors from the unsuccessful ones is the ability to effectively manage problems. Through the effective management of problems with good people, problems can be resolved without deteriorating into serious disputes, or if disputes occur, they can be more timely and inexpensively […]

Construction contracts are often times voluminous documents where those not accustomed to dealing with them on a consistent basis have trouble “seeing the forest through the trees.” This can make it difficult for owners to recognize and adequately negotiate the key terms that play the largest role in how construction risk and costs are allocated. […]

Many subcontractors feel increasingly hopeless about securing fair subcontract language, particularly in view of the shortage of profitable work during the economic downturn. While it is hard to walk away from work, sometimes it is better to lose a job than to do an unprofitable one.  So subcontractors would be wise to ask themselves these […]

Contractors routinely complain about retainage being withheld for extended periods of time, well beyond the project’s substantial completion date. This problem seems to be getting worse every year. Contractors on public work in Ohio should understand that, regardless of what the contract says, public owners are to pay escrowed retainage funds, together with accumulated interest, […]

Using legal proceedings to obtain a judgment in a construction dispute does not, unfortunately, get you paid once you obtain that judgment. Instead, creditors need to convert their judgment to actual cash that goes to the bottom line. Listed below are 4 options for doing so in Ohio: 1. Garnishment of personal earnings. If your […]