“Pay when Paid” in many jurisdictions – including Ohio – means that while timing of payment may be delayed, there still is obligation to pay the sub within a reasonable period of time. In contrast, “Pay if Paid” (frequently utilizing words like “if” and “condition precedent”) means that not only timing, but also entitlement to […]
contractors Archive
The Legal Who, What, Where, Why + How of Bond Claims
On February 28, 2019, Don spoke as part of a two hour session about surety bonds featuring several industry experts. Covering the basics of bond claims, Don discussed types of bonds, who can make claims and what is covered, as well as when to make a claim and waiting periods. The PowerPoint that accompanied his […]
Construction Managers Need to Watch Out for State’s Supplementary Conditions
The state of Ohio is regularly utilizing a “best value” approach to select “at risk” CMs on a subjective basis to perform work on a “cost plus” Guaranteed Maximum Price (GMP) basis. One frequent area of differing interests surrounds the establishment of a GMP after the contract has been awarded and significant pre-construction compensation paid. […]
Ohio Supreme Court Rules that Construction Defects are Not Covered Under CGL Policy
The Ohio Supreme Court has again ruled that owners, contractors and subcontractors in Ohio have little protection from construction defects. The construction industry has long relied upon Commercial General Liability (“CGL”) policies to protect against personal injury or property damage losses, including those flowing from construction defects. Large premiums are paid every year to the […]
Ten Things to Remember During a Time of Growth
The construction industry is blessed with solid growth but challenged by a labor shortage. Those who remember these simple principles will do well. 1. Now is the time to demand Fair Contract language and secure it. If not now, when? It is much easier in good times to insist upon equitable contract terms. 2. Condition […]