Legal Insights Archive

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 […]

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 […]

Recently I was asked to opine about the legal pitfalls surrounding the signing and sealing of 3-D plans; a technology platform for construction project documents that Ohio government entities like ODOT may soon embrace. Signing documents electronically is nothing new. For more than 20 years, it has been the law in Ohio to allow “electronic” […]

The COVID pandemic disrupted production and supply distribution chains. Pent up demand is increasing the need for construction materials, and prices are rising dramatically. And some materials have been rationed or allocated on a limited basis. All of these factors have increased the uncertainties and risks for bidders, and those seeking to rely upon those […]

For years, owners and contractors have battled over whether extended home office overhead is recoverable for project delays, and if so, how to best measure it. Our firm has successfully represented contractors in recovering extended home office overhead for project delays – even on non-ODOT jobs – utilizing ODOT’s well-accepted HOOP formula. Our firm has […]