Ohio Mechanic’s Lien Claimants Can Recover Legal Fees

Those perfecting mechanic’s liens on Ohio construction projects are often frustrated by the costs of doing so. Many do not appreciate that Ohio has a statute – R.C. 1311.16 – that provides in relevant part: When judgment is rendered…the court may allow reasonable attorney’s fees to be paid out of the fund realized for lien […]

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8th District Court of Appeals Allows City of Cleveland to Continue With Its Residency Requirements

Updating earlier blog postings on this topic, the Eighth District Court of Appeals followed earlier court rulings and prohibited the State from enforcing its statute eliminating residency requirements for construction projects, which was signed by Governor Kasich in August 2016 (City of Cleveland v. State of Ohio, 8th Dist. Cuyahoga No. 105500, 2017-Ohio-8882). By doing […]

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Don Gregory Ranked on Ohio Super Lawyers Lists

Don Gregory has been selected to the 2018 Ohio Super Lawyers list. He has appeared on this list every year since 2004. Don is also included in both the 2018 Top 50 Columbus and Top 100 Ohio Super Lawyers rankings. First appearing on the Top 50 Columbus list in 2010, this year marks Don’s sixth […]

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Ohio’s Statute of Repose Does Not Apply to Breach of Contract Claims

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 […]

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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 […]

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