Force majeure or “Act of God” clauses were often forgotten until the COVID-19 pandemic dusted them off and made them relevant again. These clauses are well worth another look. What is Force Majeure? “Force majeure” is the term used to describe an exceptional event or circumstance that is unforeseeable, beyond the control of the parties, […]
ConsensusDOCS 200.1: An Amendment to Adjust for Time + Price-Impacted Materials
Construction contractors and subcontractors are struggling with volatile price increases and the availability of materials. Construction stakeholders are looking for ways to fairly adjust time and price during these uncertain times. ConsensusDOCS is a group of dozens of construction trade associations that have agreed upon equitable contract documents. ConsensusDOCS 200.1 is an Amendment form that […]
Chambers USA 2022 Rankings Recognize Don Gregory, Mike Madigan + Kegler Brown’s Construction Practice
Chambers USA, the premier client-reviewed guide to legal resources, has honored both Don Gregory and Mike Madigan again this year in their annual rankings. They also ranked Kegler Brown’s Construction practice for 2022. Don Gregory received a ranking of “Band 1” from Chambers USA 2022, the highest ranking offered by the organization. Chambers USA states […]
How to Mitigate the Risk of Volatile Pricing + Supply Disruptions
In a time of volatile pricing and stressed supply chains, there is increasing uncertainty whether a subcontractor or supplier will be able to timely satisfy its scope of work. If there is an inability to hold the original price and schedule duration, the entire project will suffer. Open communication of these risks to all members […]
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 […]