Another busy construction season is coming to a close. Invariably, there are case law developments and statutory changes to reflect upon each year. 2023 is no exception. 1. Old Defect Claim Crumbles Under Statute of Repose Ohio has adopted a statute of repose found at Ohio Revised Code §2305.131, which basically provides that all claims […]
bidding Archive
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 […]
Government Smart Contracts: Another Opportunity Created by HB177
Currently, the Ohio House is debating HB177 [i], which will allow Ohio government at all levels to use distributed ledger technology or “blockchains.” Blockchain technology has been in the news of late, not only for its use in Bitcoin, but also due to some controversial concerns raised by privacy advocates in Europe [ii] and elsewhere […]
When Does a Bid Proposal Become a Public Record?
The State and its political subdivisions have moved to a more subjective “best value” selection process, which has altered the traditional bid process in Ohio. This evolution has created interesting issues concerning when, and what part of, a bid solicitation becomes a public record available to competitors. O.R.C. §9.28 provides that bid materials do not […]
Ten Things to Remember During a Time of Growth
The construction industry is blessed with solid growth but challenged by a labor shortage. Those who remember these simple principles will do well. 1. Now is the time to demand Fair Contract language and secure it. If not now, when? It is much easier in good times to insist upon equitable contract terms. 2. Condition […]