News Archive

Bonding companies often argue that payment is not yet due under a payment bond because of “pay if paid” clauses, alternative dispute resolution (“ADR”) requirements, or other provisions of subcontracts that purport to delay recovery until the resolution of the dispute between the Owner and Contractor. But the case of Strittmutter Metro, LLC v. Fidelity […]

We have long counseled Owners about the risks associated with the standard AIA contract language stating that the Architect’s Drawings are “Instruments of Service” and the license to use them can be withheld by the Architect in the event there is a dispute between the Owner and Architect – involving payment or otherwise. It is […]

General Contractors and Construction Managers that do work with the OFCC should be aware of the OFCC’s purported right to reject certain subcontractors without having to pay for the additional costs that usually come with going to the next subcontractor. Recently the OFCC has invoked such a right and refused to pay the additional cost […]

A recent Cuyahoga County Common Pleas ruling brings into question if, and when, the law prohibiting local residency requirements will go into effect. Earlier this summer, the Ohio legislature passed, and Governor Kasich signed, the law (HB 180) that prohibited public entities from insisting on residency requirements when procuring its construction services. HB 180 was […]

This spring, the 131st General Assembly passed House Bill 180 to prohibit public authorities from imposing local hiring requirements on public projects. The Bill repeals two sections of the Ohio Revised Code (§ 153.13 and § 5525.26) that required contractors on public construction projects to hire a portion of their workforce from the local municipality and […]