subcontractors Archive

The Ten Commandments of Construction Law

A construction project can be “a problem in progress.” What separates successful owners, contractors and subcontractors from the others is their ability to effectively manage those problems. Practitioners advising the construction industry frequently consult the relevant contract documents when dealing with these problems, but there are several key statutes that trump the contract that counselors […]

Ohio Mechanic’s Lien Claimants Can Recover Legal Fees

Those perfecting mechanic’s liens on Ohio construction projects are often frustrated by the costs of doing so. Many do not appreciate that Ohio has a statute – R.C. 1311.16 – that provides in relevant part: When judgment is rendered…the court may allow reasonable attorney’s fees to be paid out of the fund realized for lien […]

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 […]