2022 Construction Industry Court Rulings of Interest (So Far)

Below is a brief summary of two rulings issued by Ohio courts so far in 2022 that are of interest to the construction industry. Fiscal Officer’s Failure to Certify That Funds Have Been Lawfully Appropriated Results In a Void Contract A recent case issued by Ohio’s First District Court of Appeals (Hamilton County) in March […]

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The Spearin Doctrine in Ohio Government Contracting, Part 2

Don and Tom authored Part II of this article (page 22) for Ohio Contractor Magazine, sharing why the Spearin Doctrine can be a contractor’s saving grace on public projects.

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The Spearin Doctrine in Ohio Government Contracting, Part 1

Don and Tom authored Part I of this article (page 10) on the Spearin Doctrine for Ohio Contractor Magazine, outlining the history of the concept, how it affects public works disputes, and how it can be used as both a “shield” and a “sword” when a project fails.

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Appeals Court Finds Arbitration Was Not Waived

Often, parties to a dispute will disagree on whether the matter should go to court or arbitration. Sometimes the party that prefers court will file suit first and the other party wanting arbitration must decide what to do. The party preferring arbitration cannot ignore the lawsuit, but also must be careful not to waive its […]

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Public Construction Frontloads Costs Under “Best Value” Model

Approximately a decade ago, the State of Ohio and its public authorities cast aside the multiple-prime contractor bidding system that had delivered low-bid pricing from MEP and other prime (sub) contractors, but often led to coordination problems and disputes at the end of a difficult job. As part of the “Construction Reform” effort, the State […]

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