risk management Archive

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 […]

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 […]

Cranes: Who Owns the Project Air?

The recent surge of construction activity in urban settings has accelerated the use of cranes in tight spaces. Frequently, large cranes find themselves moving over neighbor’s buildings. Unfortunately, there is little definitive law that tells us exactly what the obligations of the crane operators are as to the neighbor’s property and what “air rights” may […]

E-mail Lessons Your Momma Should Have Taught You

In today’s business world, electronic communication, such as e-mails, have replaced the telephone call or letter writing as the primary method of messaging. Disputes – legal, political or otherwise – are now decided on the basis of e-mails discovered later once conflict begins. Yet despite the importance of e-mail writing, too few appreciate its significance […]

Minimizing Your Risk + Avoiding Legal Problems

The best way to deal with legal problems is to avoid them in the first place. In this presentation, Don Gregory focuses on how to minimize your risk and avoid legal problems in the construction world. Topics discussed include the top risks in today’s construction, conditional bids, and killer contract clauses. View entire presentation