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 […]
subcontractors Archive
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 […]
Third Appellate District Ruling = Good News for Contractor + Owner Covered by CGL Policy
This week, the Court of Appeals of Ohio, Third Appellate District, in a ruling that reversed the Hancock County Court of Common Pleas, issued a welcome ruling for construction participants in the state of Ohio. The court held that the industry-standard Commercial General Liability (CGL) policy purchased by Charles Construction Services, Inc. from Cincinnati Insurance, […]