litigation Archive

2022 Construction Industry Court Rulings of Interest (So Far)

Below is a brief summary of two rulings issued by Ohio courts so far in 2022 that are of interest to the construction industry. Fiscal Officer’s Failure to Certify That Funds Have Been Lawfully Appropriated Results In a Void Contract A recent case issued by Ohio’s First District Court of Appeals (Hamilton County) in March […]

The Spearin Doctrine in Ohio Government Contracting, Part 2

Don and Tom authored Part II of this article (page 22) for Ohio Contractor Magazine, sharing why the Spearin Doctrine can be a contractor’s saving grace on public projects.

The Spearin Doctrine in Ohio Government Contracting, Part 1

Don and Tom authored Part I of this article (page 10) on the Spearin Doctrine for Ohio Contractor Magazine, outlining the history of the concept, how it affects public works disputes, and how it can be used as both a “shield” and a “sword” when a project fails.

Why Arbitration Matters More Than Ever

Arbitration has long been a staple for resolving construction disputes, ideally in a prompt and cost-effective manner by arbitrators familiar with the construction industry. For decades, the AIA documents required arbitration, but more recently the parties are given an option to “check the box” for arbitration or litigation. Some in the construction industry have become […]

Five Mistakes Guaranteed to Kill a Mediation

Almost every meaningful lawsuit goes to mediation, so it is important to get it right. Based upon hundreds of mediations, here are my five common mistakes to avoid. Don’t Expect to Win In mediation, you must “give a little to get a little.” If you expect the other side to voluntarily capitulate, you will be […]