contractors Archive

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 […]

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 […]

Ruling in Favor of an Unpaid Subcontractor, the Ninth District Court of Appeals Finds Not All Pay-if-Paid Clauses Are the Same

In Ohio Fabricators, Inc. v. Aster Elements, Inc., 2019-Ohio-3978, Ohio’s Ninth District Court of Appeals recently refused to uphold a purported pay-if-paid clause despite the fact the clause included the phrase “condition precedent.” In the past, the use of the term “condition precedent” normally signified the payment terms were “pay-if-paid,” which required the general contractor to […]

Subcontractors + Suppliers Score a Mechanic’s Lien Rights Victory in Ohio Appellate Court

On August 14, 2019, the Court of Appeals, Ninth Judicial District (Summit County) handed Ohio subcontractors and suppliers a victory on mechanic’s lien rights by reversing and remanding a trial court decision where the lower court had held that a subcontractor’s notice of furnishing was invalid because it was served before the sub had performed any labor or […]