construction contracts Archive

Price Escalation Due to Steel Tariff

There has been a lot of discussion lately about President Trump’s plan to assess tariffs of 25% on steel and 10% on aluminum. Construction materials use a lot of steel and would be greatly impacted by cost increases that will likely flow from such tariffs. Regardless of where construction contractors and subcontractors stand on this […]

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 […]

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 […]

Contractor Recovers Delay + Disruption Damages, Including Extended Home Office Overhead, Against State

In another victory for our firm against the State, the Court of Appeals on May 9th affirmed Judge Crawford’s well-reasoned decision from the Court of Claims in all respects. Wood Electric, Inc. v. OFCC, Case No. 16AP-643. In this case, the electrical contractor was delayed and disrupted by the failure of the general contractor to […]