News Archive

ODOT Changes the Rules on Prequalification

On January 8, 2021, ODOT held a hearing to notify the public of its intent to change its rules regarding contractor prequalification. Notice and copies of that rule change can be found here. Essentially, ODOT modified 5501:2-3-03 and 05 to “lower” the amount a contractor can bid on ODOT construction projects by lowering the dollar […]

Does the AIA A201 Provide Monetary Relief in the Coronavirus Emergency?

The coronavirus has affected every aspect of construction projects. Additional health and safety efforts, lower productivity, disruptions to the supply chain, and labor absenteeism/shortages are all now commonplace. Contractors are wise to track these costs and any associated extraordinary efforts to mitigate the coronavirus. While most agree that the unforeseeable impacts of the current pandemic […]

The Fourth Quarter of 2019 Brought Some Notable Court Decisions for the Construction Industry

As 2019 came to a close, below are a handful of decisions issued by Ohio courts throughout the year that were of interest to those in the construction industry. 1. Ohio’s Tenth District Court of Appeals Provides Helpful Guidance as to When the Article 8 Process is Triggered and Again Acknowledges that the Public Owner […]

Ruling in Favor of an Unpaid Subcontractor, the Ninth District Court of Appeals Finds Not All Pay-if-Paid Clauses Are the Same

In Ohio Fabricators, Inc. v. Aster Elements, Inc., 2019-Ohio-3978, Ohio’s Ninth District Court of Appeals recently refused to uphold a purported pay-if-paid clause despite the fact the clause included the phrase “condition precedent.” In the past, the use of the term “condition precedent” normally signified the payment terms were “pay-if-paid,” which required the general contractor to […]

Subcontractors + Suppliers Score a Mechanic’s Lien Rights Victory in Ohio Appellate Court

On August 14, 2019, the Court of Appeals, Ninth Judicial District (Summit County) handed Ohio subcontractors and suppliers a victory on mechanic’s lien rights by reversing and remanding a trial court decision where the lower court had held that a subcontractor’s notice of furnishing was invalid because it was served before the sub had performed any labor or […]