construction contracts Archive

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 […]

Easy Steps to Improve your Daily Reports

Almost all contractors fill out daily reports, but few do it well. Too often they are simply a notation of weather and manpower, rather than a true barometer of project progress and impacts. Frequently there are no delays or problems identified as many supervisors writing the reports are more focused on “running the work” than […]

The Fourth Quarter of 2019 Brought Some Notable Court Decisions for the Construction Industry

As 2019 came to a close, below are a handful of decisions issued by Ohio courts throughout the year that were of interest to those in the construction industry. 1. Ohio’s Tenth District Court of Appeals Provides Helpful Guidance as to When the Article 8 Process is Triggered and Again Acknowledges that the Public Owner […]

It’s Miller Time! Miller Act Trumps Subcontract Clauses

As unpaid subcontractors and suppliers cannot lien federal projects, the Miller Act was adopted to ensure payment bonds would guarantee payment of those providing labor or material to federal jobs. Contractors and their bonding companies have argued that “pay if paid” clauses or “no damage for delay” clauses in subcontracts can be utilized to insulate […]

We Can’t Agree on a Change Order … Now What?

Change Orders are as common to construction as lawsuits are to lawyers. But the process for dealing with them, when there is no agreement, can vary widely. And yet, the first thing you should do when encountering a change is almost always the same – READ THE CONTRACT. Now that you have the contract in […]