Yesterday, June 14, 2021, Ohio Senate Bill 13 went into effect. This bill shortens the statute of limitations for breach of written contract actions from eight years to six and, for oral contracts, from six years to four.

As Greg Thompson and Alayna Bridgett shared earlier this year, while S.B. 13 amends the statute of limitations for contract claims in general, it is important for construction project stakeholders to consider provisions within their own contracts that limit contract claims periods. Nearly every construction contract will include provisions shortening the time frame in which a party may bring a claim (oftentimes to just days). These provisions provide a period much shorter than the enumerated statute of limitations. It is important to remember that, regardless of whatever appears in the Ohio Revised Code, parties must comply with the claims provisions provided in their contracts.

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Hahn Loeser is pleased to announce that the firm has been recognized by Construction Executive magazine in the Top 50 Construction Law Firms™ for 2021, ranking number 30 out of the 50 firms included in this year’s list. This year’s list marked the second straight year of Hahn Loeser’s Construction Team being the only Ohio-based law firm in the top 30 spots.

Based on research through a proprietary survey of hundreds of U.S. law firms with construction law practices, the 2021 list was published in Construction Executive’s June issue.

To read more, visit our website.

Yesterday, the Ohio House of Representatives passed a bill (H.B. No. 68) that would amend Ohio’s Prompt Pay Act (ORC Section 4113.61) to provide general contractors with payment protection akin to that currently enjoyed by subcontractors under the Act.  HLP construction attorney Sonja Rice discusses the details of this bill in a recent Legal Alert.

A strong and clear financial foundation is crucial for every construction company.  During this webinar, you will learn strategies to help involve your whole team in ensuring your job accounting is accurate and understand best practices to make claims for delays and extra work.  These pieces work together to help build on the value of your business that you have worked so hard to create over the years.

Tuesday, June 8 – 12:30 – 1:30 p.m. ET

Please click here to register.

 

The Biden Administration’s Department of Transportation (DOT) recently paused a highway widening project in Houston, Texas. The project, known as the North Houston Highway Improvement Project, would widen Interstate 45. The DOT decided to halt the project so that it could evaluate whether it violates Title VI of the Civil Rights Act of 1964. This move comes after an outpouring of complaints from local activists that African American and Hispanic communities would be disproportionately harmed by this project.

Download our full Legal Alert by Aaron Evenchik and Caroline Hamilton here.

The Centers for Disease Control and Prevention’s (CDC’s) federal moratorium for residential evictions, which was set to expire on March 31st, was just extended through the end of June. A recent trend in federal cases may put an end to this moratorium on the basis that the CDC exceeded its authority by extending the eviction moratorium.

The federal eviction moratorium was first implemented legislatively through the CARES Act in March 2020. Since then, it has been extended both by Congress and the CDC. Congress clearly has the authority to issue a national eviction moratorium, but the last two extensions were implemented by the CDC. This begs the question, does the CDC have the authority to implement a national eviction moratorium? At least two district courts say no.

Read our full Legal Alert here.

In this recent Legal Alert, Greg Thompson and Alayna Bridgett summarize a bill recently signed into law by Ohio Governor DeWine that shortens the statute of limitations for breach of written contract actions from eight years to six and, for oral contracts, from six years to four. The bill goes into effect on June 14, 2021 (90 days from Governor DeWine’s signing).

Construction contracts often include arbitration provisions that require any dispute arising out of a project be resolved through binding arbitration. But who decides whether such a dispute is subject to the arbitration provision? The answer to that question is not always clear, and a recent decision (or refusal to make a decision) by the U.S. Supreme Court failed to bring the answer further into focus.  Read our recent Legal Alert prepared by Greg Thompson and Caroline Hamilton for more details.

Hahn Loeser is proud to sponsor the Ohio Contractor Association’s Conaway Conference, which will take place virtually on March 2 through March 4, 2021.  If you are attending this conference, please be sure to stop by our virtual exhibit booth and say hello.

For more details about the Conference, please visit the OCA’s website.

 

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Join Hahn Loeser and our friends from Foundation Software for a complimentary four-part legal series for the construction industry on a range of important topics.  To register for each session, please click on the title of the topics below.

Session 1:  The Road Ahead for Contractors:  Predictions of What to Expect in 2021

Thursday, March 4, 2021 from 1:00 p.m. – 2:00 p.m. ET

Presented by:  Rob Remington, Aaron Evenchik, Steve Seasly and Ann Knuth

Session 2: Best Practices Regarding Prevailing Wage Laws on Public Projects

Tuesday, March 23, 2021 from 1:00 p.m. – 2:00 p.m. ET

Presented by:  Rob Remington, Steve Seasly and Ann Knuth

Session 3: Management of Project Schedule Impact and Delay Claims; Critical Documentation and Proactive Practices to Protect Project Profitability

Wednesday, March 31, 2021 from 1:00 p.m. – 2:00 p.m. ET

Presented by:  Rob Remington, Jeff Roush and Chad Van Arnam

Session 4: Joint Venture/Partnerships for Large Construction Projects

Tuesday, April 13, 2021 from 1:00 p.m. – 2:00 p.m. ET

Presented by:  Rob Remington, Sonja Rice, John Paul Lucci, Rob Port and Sarah Lewis

We hope you can join us for this series!