litigation Archive

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 […]

Relief from Old Construction Defect Claims: Statute of Repose Applies To Tort and Contract Claims

There are two ways in Ohio that a claim for building defects is barred by time: the statute of limitations and the statute of repose. The statute of limitations is the period of time for a party suffering harm to file a lawsuit. In Ohio the contract statute of limitations on construction claims was 15 […]

Surety Gets Burned by Not Making Article 8 Demand

The Court of Claims has ruled that the State of Ohio “Article 8” dispute resolution process applies to the surety in a takeover situation following a contractor default (Berkley Insurance Company v. Kent State University, Case No. 2018-00579JD). The trial court found that the surety had not timely initiated the “Article 8” claim process, and […]

Unilateral Arbitration Agreements Pose Risks

It is increasingly common to encounter dispute resolution provisions that allow one party the right to unilaterally select arbitration or litigation after the dispute develops. These “unilateral arbitration” clauses are criticized by some as being unfair because they allow one party – usually the upstream party – to shop for a favorable venue once the […]

One-Sided Arbitration Clause: Contractor’s Right to Unilaterally Choose Arbitration Upheld

Subcontractors are often asked to sign a subcontract giving the general contractor the right to, in its sole discretion, choose arbitration or litigation to resolve subcontract disputes. Many view these clauses as unfair, and whether such clauses are even enforceable is not settled, which means that state and federal courts across the country have come […]