proof of claim Archive

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 […]

Ohio’s Statute of Repose Does Not Apply to Breach of Contract Claims

The Third District Court of Appeals (Seneca County) recently ruled that Ohio’s statute of repose (R.C. 2305.131) does not apply to breach of contract claims. See New Riegel Local School District, Board of Education and State of Ohio v. The Buehrer Group Architecture & Engineering, Inc., 3rd Dist. Seneca Nos. 13-17-03, 13-17-06, 2017-Ohio-8521. The case […]

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 […]

5 Steps to Protect Your Claim

It is not unusual for contractors to experience impacts beyond their control that delay or disrupt their work. While each contract requires a little different approach, if you follow these basic steps you should be in a good position to seek redress on your claim for additional time or money. Request a Time Extension in […]

Asserting Your Claim in Bankruptcy

As a creditor, you have the ability to assert certain claims within your customer’s bankruptcy case. One easy way to do that if the case is an asset case is to file a proof of claim. The claim will set forth amounts due from the debtor to you and the grounds from which this amount […]