construction contracts Archive

Ten Tips for Minimizing Risk When Proceeding with Weather-Sensitive Work During Winter’s Wet +Cold Conditions

Just as the leaves change every year, those involved in construction projects around central Ohio face the annual push to complete weather-sensitive activities prior to the arrival of winter’s cold and wet conditions. Some common examples include completion of asphalt, roofing, and other building enclosure activities, because many of these activities are dependent on relatively […]

Appeals Court Finds For Contractor on Its Overhead Claim, But Not During Concurrent Delays

The First Appellate District of Ohio (Hamilton County) recently found for a contractor on its overhead claim against a public housing authority. In Jindal Builders & Restoration Corp. v. Cincinnati Metro. House Auth., 2020-Ohio-4043, the Court cited a number of cases that allowed a contractor to recover its indirect costs, and specifically home office overhead […]

What Can Be Done About Bid Shopping?

“Bid shopping” occurs when a general contractor discloses the bid price of one subcontractor (or suppliers) to its competitors in an attempt to obtain a lower bid than the one on which the general contractor based its bid to the owner. Put another way, bid shopping occurs when a general contractor uses the lowest bid […]

Dealing with a Problem Project

”Any Construction Project Is a Problem In Progress” What separates successful owners, contractors and subcontractors from the unsuccessful ones is the ability to effectively manage those problems. Through the effective management of problems with good people, problems can be resolved without deteriorating into serious disputes, or if disputes occur, they can be more timely and […]

Court Holds that Subcontract Conditional Payment Clause is Not a Defense to a Surety on a Payment Bond Claim

In the recently decided case of Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America, No. D075561, 2020 WL 1899278 (Cal. Ct. App. Apr. 17, 2020) the California Court of Appeals issued a victory for subcontractors’ and suppliers’ payment rights by holding that a subcontract “conditional payment” clause may not be relied on […]