News Archive

Relief from Old Construction Defect Claims: Statute of Repose Applies To Tort and Contract Claims

There are two ways in Ohio that a claim for building defects is barred by time: the statute of limitations and the statute of repose. The statute of limitations is the period of time for a party suffering harm to file a lawsuit. In Ohio the contract statute of limitations on construction claims was 15 […]

Surety Gets Burned by Not Making Article 8 Demand

The Court of Claims has ruled that the State of Ohio “Article 8” dispute resolution process applies to the surety in a takeover situation following a contractor default (Berkley Insurance Company v. Kent State University, Case No. 2018-00579JD). The trial court found that the surety had not timely initiated the “Article 8” claim process, and […]

Construction Managers Need to Watch Out for State’s Supplementary Conditions

The state of Ohio is regularly utilizing a “best value” approach to select “at risk” CMs on a subjective basis to perform work on a “cost plus” Guaranteed Maximum Price (GMP) basis. One frequent area of differing interests surrounds the establishment of a GMP after the contract has been awarded and significant pre-construction compensation paid. […]

Ohio Supreme Court Rules that Construction Defects are Not Covered Under CGL Policy

The Ohio Supreme Court has again ruled that owners, contractors and subcontractors in Ohio have little protection from construction defects. The construction industry has long relied upon Commercial General Liability (“CGL”) policies to protect against personal injury or property damage losses, including those flowing from construction defects. Large premiums are paid every year to the […]

AIA Retires A201-2007 General Conditions on October 31

Many in the industry commonly utilized the AIA documents, often with significant revisions. The core of many of these documents are the AIA General Conditions (A201) with the parties frequently using the 2007 version as a starting point. AIA typically modifies its contract documents every ten (10) years and released its latest edition of the […]