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 […]
It’s Miller Time! Miller Act Trumps Subcontract Clauses
As unpaid subcontractors and suppliers cannot lien federal projects, the Miller Act was adopted to ensure payment bonds would guarantee payment of those providing labor or material to federal jobs. Contractors and their bonding companies have argued that “pay if paid” clauses or “no damage for delay” clauses in subcontracts can be utilized to insulate […]
Ohio Super Lawyers Lists Rank Don Gregory as “Top” Attorney
Don Gregory has been selected to the 2020 Ohio Super Lawyers list. He has appeared on this list every year since 2004. Don was also honored by inclusion in both the “Top 50” Columbus Super Lawyers and “Top 100” Ohio Super Lawyers lists, which rank attorneys regardless of practice area or specialty. He has appeared […]
We Can’t Agree on a Change Order … Now What?
Change Orders are as common to construction as lawsuits are to lawyers. But the process for dealing with them, when there is no agreement, can vary widely. And yet, the first thing you should do when encountering a change is almost always the same – READ THE CONTRACT. Now that you have the contract in […]
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 […]