The Third District Court of Appeals (Seneca County) recently ruled that Ohio’s statute of repose (R.C. 2305.131) does not apply to breach of contract claims. See New Riegel Local School District, Board of Education and State of Ohio v. The Buehrer Group Architecture & Engineering, Inc., 3rd Dist. Seneca Nos. 13-17-03, 13-17-06, 2017-Ohio-8521. The case […]
Certain Contract Indemnity Provisions are Unenforceable
It has become increasingly common for those in the construction industry to encounter indemnity provisions in their contracts. Indemnity provisions are agreements where one party (the promisor) agrees to protect and hold harmless the other party (the promisee) from liability arising from certain risk. These provisions can shift the risk of liability from a negligent […]
Surety and Broker Face Liability for Principal’s Alleged Violations Under the False Claims Act
A United States District Court ruled that there are instances where a surety and its broker could face liability for its principal’s violation of the Federal Government’s False Claim Act. In United States ex rel. Scollick v. Narula, 2017 WL 3268857 (July 31, 2017), an individual whistleblower brought an action under the False Claims Act […]
Remember These Ten Commandments of Mediation
As more lawyers and clients are dealing with mediation on a regular basis, following these “TEN COMMANDMENTS” will come in handy when dealing with a problem of biblical proportions. 1. Thou shall not wait too long to mediate. Many of the advantages of a negotiated resolution dissipate with the passage of time. The sooner you resolve, […]
Don Gregory Receives CLSA Law Firm Award
The Construction Lawyers Society of America (CLSA) has presented Don Gregory with its CLSA Law Firm Award. Don received the award at the inaugural CLSA International Conference & Induction of Fellows. Don was also one of CLSA’s inaugural Fellows. The CLSA Law Firm Awards recognize North American law firms for excellence in construction law, and […]