construction contracts Archive

Ohio’s Stay-at-Home Order Spares Construction Industry, For Now

In a further effort to curtail the spread of COVID-19, the Ohio Department of Health today issued a “Stay-At-Home” Order restricting the operation of all “non-essential businesses.” Unlike previous measures taken by the State, today’s Oder is enforceable by State and local law enforcement. For now, these restrictions largely spared the construction industry, which the […]

Can you Recover Compensation for Coronavirus Delay?

While almost every factual situation and contract is different, generally speaking, a public health emergency like the coronavirus outbreak would trigger a “force majeure” clause, which typically entitles the contractor or subcontractor to a non-compensable time extension. The owner cannot recover liquidated damages and the contractor/subcontractor cannot recover delay damages in the event of late […]

Coronavirus + Excusable Delay

While the full extent of the looming potential pandemic of the Coronavirus remains unknown, the real or imagined impacts are now being experienced in the economy, as restrictions on travel, voluntary shutdowns and other business restraints mount. So if these restrictions result in construction delays associated with labor shortages, material delays, health department shutdowns or […]

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 […]

Simple Ways to Improve Your Progress Meeting Minutes

Job meeting minutes are frequently prepared by architects or owner’s representatives and distributed to contractors and subcontractors who dutifully accept them without much input or involvement. Occasionally, the minutes will specifically provide that if there is no objection made within a short amount of time after distribution, all recipients will be presumed to be in […]