contractors 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 […]

The Ten Commandments of Construction Law

A construction project can be “a problem in progress.” What separates successful owners, contractors and subcontractors from the others is their ability to effectively manage those problems. Practitioners advising the construction industry frequently consult the relevant contract documents when dealing with these problems, but there are several key statutes that trump the contract that counselors […]

8th District Court of Appeals Allows City of Cleveland to Continue With Its Residency Requirements

Updating earlier blog postings on this topic, the Eighth District Court of Appeals followed earlier court rulings and prohibited the State from enforcing its statute eliminating residency requirements for construction projects, which was signed by Governor Kasich in August 2016 (City of Cleveland v. State of Ohio, 8th Dist. Cuyahoga No. 105500, 2017-Ohio-8882). By doing […]

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 […]

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 […]