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Hahn Loeser Construction Team

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The Hahn Loeser Construction Team is comprised of more than 20 experienced construction attorneys. We provide counsel on nearly every area of law impacting the construction industry today, including contract negotiations, bid disputes, claims management, OSHA requirements, mechanic’s liens, bond claims, alternative dispute resolution, litigation, and intellectual property. We represent general contractors, subcontractors, construction managers, owners, developers, lenders, material suppliers, design professionals, and sureties in a wide variety of construction-related matters. The Hahn Loeser Construction Team has significant experience representing both owners and contractors in multi-week trials and arbitrations.

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Hahn Loeser’s Construction Team, led by Rob Remington, Jeff Brauer and Christina Hassel, obtained a resounding victory on behalf of its client, Mark Schaffer Excavating (MSE) in a bid dispute with the City of Lorain. Sherry Rollo, Sarah Lewis and Nevenka Whitworth also assisted with the case.

The City of Lorain engaged contractors to bid on a massive ecological restoration project involving the removal or burial of slag that sits between steel mills and the Black River in Lorain. MSE entered into a bid dispute with the City, arguing that it abused its discretion and arbitrarily rejected MSE’s low bid in favor of one of its competitors.Continue Reading HLP Construction Team Secures Mandatory Injunction Against City of Lorain in Bid Dispute

Chambers USA: America’s Leading Lawyers for Business, the nation’s most widely used legal services rankings guide, has ranked the highly touted Hahn Loeser Construction Law Team in its 2019 edition. This ranking is a recognition of the quality of the team’s attorneys and the team’s capabilities and effectiveness. Construction clients describe the team as “strong, courteous and respectful.” A client also added “They have a resource expert for nearly every situation we encounter.”
Continue Reading Hahn Loeser Construction Team Recognized in the 2019 Edition of Chambers USA®; Two Attorneys Identified as Industry Leaders

Hahn Loeser is involved in a construction fatality where the Cleveland OSHA office’s compliance officer wanted to use a drone to fly over the site to photograph and videotape the site and the equipment involved in the fatality. OSHA agreed to share the drone footage with the employers involved in the OSHA investigation. This request came as part of OSHA’s new inspection procedure.

On May 11, 2018, OSHA’s Director of Enforcement Programs issued a memorandum to all of the OSHA Regional Administrators addressing the use of Unmanned Aircraft Systems (DRONES) as a method for OSHA to collect evidence during inspections.

Currently, the OSHA compliance memorandum requires OSHA to obtain express consent from the employer prior to using any drone on an OSHA inspection. However, we predict OSHA will seek an expanded use of drones for inspections and compliance in the future.Continue Reading It’s a Bird – It’s a Plane – No: It’s an OSHA Drone Flying Over Your Worksite

Many of us have heard the old saying that “decisions are made by those who show up.” The Ohio Facilities and Construction Commission (“OFCC”) is currently giving design and construction professionals involved in the construction of public schools the opportunity to show up, or more accurately speak up, to provide comments on contract general conditions and specifications of OFCC, including those in the Ohio School Design Manual (“OSDM”), as well as on the materials and methods of design used in the OSDM. This comment period offers industry professionals an important chance to provide input on the construction documents that control school construction projects throughout Ohio. It is crucial that design and construction professionals take this opportunity to give its opinion on current issues, as well as potential issues that may impact the industry in the coming years. Interested parties have until February 15, 2019 to submit comments on materials and methods of design used in the OSDM, and until March 1, 2019 to provide comments on OFCC’s contract documents.
Continue Reading The Contracting Community Has a Say in OFCC Contracts

In the case of Waverly City School District Board of Education, et al. v. Triad AR, Inc, et al., the Fourth Appellate District Court found that recovery is not limited to the amount of damages claimed; rather, the owner is entitled to recover damages on each contract, apart from any recovery on the other separate and distinct contracts. This means that an owner may recover damages in excess of the total damages identified for each responsible subtrade. Upstream contractors should take care in their subcontracts to ensure that their total liability for the defective work of their subtrades – irrespective of apportioned responsibility – be covered under the subtrade’s indemnity obligations.
Continue Reading Contractors Beware: Apportionment of Damages Among Subtrades May Not Limit an Owner’s Total Damages for Construction Defects

Effective October 1, 2018, Federal Occupational Safety and Health Administration (OSHA) has created a new National Emphasis Program (Directive Number CPL-02-00-161) for Trenching and Excavation due to a recent spike in trenching fatalities nationwide.

This new Program provides updated guidance and increased enforcement on the National Emphasis Program OSHA has had in place for trenching/ excavation since 1985. (CPL-02-00-269). The first three months of this new National Emphasis Program will focus on educational outreach, followed by enforcement.

Under these new guidelines, states must implement and adhere to the new Trenching/Excavation National Emphasis Program within six months, or by April 1, 2019.Continue Reading OSHA Creates New National Emphasis Program for Trenching and Excavation