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 […]
Contractors + Subcontractors at Risk When Owner Fails to Pay Architect
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 + Construction Managers Face OFCC’s Rejection of Subcontractors without Additional Compensation
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 […]
Court Ruling Brings Into Question Whether Law Prohibiting Residency Requirements Will Become Effective
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 […]
Don Gregory, Mike Madigan Recognized by Best Lawyers®
The Best Lawyers in America© has released its 2017 listings and continues to honor Kegler Brown’s construction law practice. Both Don Gregory and Mike Madigan extend their streak of consecutive years appearing in the “oldest and most respected peer-review publication in the legal profession,” according to Best Lawyers®. Don has appeared in Best Lawyers since […]