contractors Archive

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 […]

AIA A201: 2017 Changes

Every 10 years, AIA revises a particular document. This year the A201 General Conditions are being modified. Most of the changes are “no big deal” with a few exceptions noted below: 1.1.8 The Initial Decision Maker (normally the Architect) shall be impartial to both Owner and Contractor, and shall not be liable for decisions in […]

Cuyahoga County Judge Rejects Law Prohibiting Residency Requirements

As an update to our September 1, 2016 article, a Cuyahoga County Judge recently ruled that the State’s residency law (HB 180) violates Ohio’s Constitution and prohibited the State from enforcing the law. A link to the Judge’s decision can be found here. Earlier this summer, the Ohio legislature passed, and Governor Kasich signed, the […]

Third Appellate District Ruling = Good News for Contractor + Owner Covered by CGL Policy

This week, the Court of Appeals of Ohio, Third Appellate District, in a ruling that reversed the Hancock County Court of Common Pleas, issued a welcome ruling for construction participants in the state of Ohio. The court held that the industry-standard Commercial General Liability (CGL) policy purchased by Charles Construction Services, Inc. from Cincinnati Insurance, […]