News Archive

Contractor Recovers Delay + Disruption Damages, Including Extended Home Office Overhead, Against State

In another victory for our firm against the State, the Court of Appeals on May 9th affirmed Judge Crawford’s well-reasoned decision from the Court of Claims in all respects. Wood Electric, Inc. v. OFCC, Case No. 16AP-643. In this case, the electrical contractor was delayed and disrupted by the failure of the general contractor to […]

AIA A201: 2017 Changes

Every 10 years, AIA revises a particular document. This year the A201 General Conditions are being modified. Most of the changes are “no big deal” with a few exceptions noted below: 1.1.8 The Initial Decision Maker (normally the Architect) shall be impartial to both Owner and Contractor, and shall not be liable for decisions in […]

Cuyahoga County Judge Rejects Law Prohibiting Residency Requirements

As an update to our September 1, 2016 article, a Cuyahoga County Judge recently ruled that the State’s residency law (HB 180) violates Ohio’s Constitution and prohibited the State from enforcing the law. A link to the Judge’s decision can be found here. Earlier this summer, the Ohio legislature passed, and Governor Kasich signed, the […]

Third Appellate District Ruling = Good News for Contractor + Owner Covered by CGL Policy

This week, the Court of Appeals of Ohio, Third Appellate District, in a ruling that reversed the Hancock County Court of Common Pleas, issued a welcome ruling for construction participants in the state of Ohio. The court held that the industry-standard Commercial General Liability (CGL) policy purchased by Charles Construction Services, Inc. from Cincinnati Insurance, […]

Prompt Pay Act Still Has Teeth

We helped negotiate, draft and pass Ohio’s Prompt Payment Act (R.C. 4113.61) in the early 1990s. It became a model for many other states. The Act provides that once a contractor gets paid for a subcontractor’s (or supplier’s) work, he must pay the subcontractor within ten (10) calendar days after receipt. If he fails to […]