Legal Insights Archive

4th Circuit Rules for Subcontractor on “Subcontract vs. Miller Act” Issue

In the recently decided case of Aarow/IET, LLC v Hartford Fire Insurance Company, No. 19-1710 (4th Cir. 2020), the U.S. Court of Appeals for the Fourth Circuit issued a victory for a subcontractor whose federal Miller Act (payment bond) claim had been preliminarily dismissed by the Eastern District of Virginia trial court after that court […]

Legal New Year’s Resolutions for 2021

Most of us are only too eager to see 2020 come to an end, even if it has been a pretty good economic year for the construction industry. Here are some 2021 New Year’s Resolutions to help you start the year off right. 1. Talk to your bonding agent about removing any personal liability from […]

Get Ready for Rigorous MBE/DBE Requirements

While minority and disadvantaged business enterprise (MBE/DBE) requirements for the construction industry are nothing new, recent electoral developments and the possibility of a COVID-relief driven infrastructure bill promise added emphasis on MBE/DBE requirements and enforcement. It is not too early for contractors to align themselves with reputable MBE/DBE “partners” in anticipation of this growing market. […]

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 […]