Legal Insights Archive

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, […]

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 […]

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 […]

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 […]

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 […]