Mike spoke to the Construction Financial Management Association (CFMA) on February 19, discussing defect claims as well as the Ohio Supreme Court’s Ohio Northern Decision. Mike explained the details of the Ohio Northern case, the original project, and the issue presented to the court of whether a contractor’s CGL policy provides coverage for defective workmanship […]
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 Team Received Multiple Honors in 2018
Throughout 2018, members of Kegler Brown Construction practice were recognized as some of the top construction lawyers in the Columbus area and Ohio. Chambers USA gave Don Gregory its highest rating of “Band 1,” and described Don as “a highly experienced construction attorney who is noted for his handling of the full range of contentious […]
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. […]
Unilateral Arbitration Agreements Pose Risks
It is increasingly common to encounter dispute resolution provisions that allow one party the right to unilaterally select arbitration or litigation after the dispute develops. These “unilateral arbitration” clauses are criticized by some as being unfair because they allow one party – usually the upstream party – to shop for a favorable venue once the […]