Hahn Loeser & Parks LLP has been named among the “Best Law Firms” nationally by U.S. News & World Report and Best Lawyers® in 2020 in 11 practice areas, including Construction Litigation. In addition, four Hahn Loeser offices have been named “Best Law Firms” in their respective markets in 40 regional rankings, including Construction
Ohio Legislature Considers Payment Protection for General Contractors
On October 23, 2019, the Ohio House of Representatives introduced a bill (H.B. No. 380) that would amend Ohio’s Prompt Pay Act (ORC Section 4113.61) to provide general contractors with payment protection similar to that currently enjoyed by subcontractors under the Act. Specifically, the proposal would require project owners to pay contractors within 35 days
HLP Construction Team offers targeted training programs for construction law professionals at CEA
Hahn Loeser partners Rob Remington, Sherry Rollo, Andy Natale and Aaron Evenchik, along with Senior Project Manager Chad Van Arnam, presented back-to-back training sessions for sold out crowds at the Construction Employers Association on Thursday, October 24 and Friday, October 25. They covered Trade Secrets – Effective Project Documentation and Safe Document Retention Strategies and
Ohio Supreme Court Rules that Statute of Repose Applies to Contract Claims
On July 17, 2019, the Supreme Court of Ohio announced a major victory for the Ohio construction industry in the ongoing battle over whether Ohio’s construction statute of repose, R.C. 2305.131, bars claims for breach of contract as well as tort claims. In New Riegel Local School District v. Buehrer Group Architecture & Engineering, Inc., et al., the Ohio Supreme Court ruled the construction statute of repose does apply to breach-of-contract claims as well as tort claims.
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HLP Construction Team Secures Mandatory Injunction Against City of Lorain in Bid Dispute
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.
Ohio Court of Appeals Confirms Applicability of Statute of Repose to Contract Claims and Sureties
Hahn Loeser’s Construction Team is a proud leader in a major victory for Ohio contractors and their sureties. The Fifth District Court of Appeals of Ohio issued a recent decision confirming that Ohio’s construction statute of repose, R.C. 2305.131, applies to breach of contract claims. It also confirmed that sureties are entitled to rely on the statute of repose as a defense to claims under the bond.
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Hahn Loeser Construction Team Recognized in the 2019 Edition of Chambers USA®; Two Attorneys Identified as Industry Leaders
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.”
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HBA Supports City of Euclid Development Efforts
On March 27, 2019, Home Builders Association of Greater Cleveland President Dean Tompkins and HBA members Josh Edgell and Aaron Evenchik testified in front of Euclid City Council regarding potential residential home construction in the City. Euclid Councilperson Kristian Jarosz asked the HBA to assist the City in evaluating a 2003 law that required all new residential construction be a minimum of 2,000 square feet. The City is concerned the law is preventing new development, especially as much of the existing housing stock is less than 2,000 square feet. HBA members agreed the 2,000 square foot minimum is an impediment to new construction in Euclid.
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OSHRC’s Recent Ruling Provides Important Guidance on Limiting Controlling Employer Liability on Multi-Employer Worksites
On Feb. 1, 2019, the Occupational Safety and Health Review Commission (OSHRC) reversed an OSHA citation issued to Suncor Energy (U.S.A.) Inc., as the controlling employer, for a fall protection violation. In this ruling, the OSHRC found that as a controlling employer, Suncor was not liable for two main reasons. First, it had a robust safety program in place that not only met, but exceeded OSHA’s minimum standards. Second, it had a rigid enforcement program that removed employees from the worksite for a single violation of its fall protection safety procedures. This decision emphasizes that a controlling employer’s safety role is secondary. The OSHRC then concluded that, given the massive scope of the project, Suncor’s robust safety program, and its zealous enforcement efforts, there was insufficient evidence to support a citation.
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OSHRC’s recent ruling provides important guidance for employers on heat exposure and the general duty clause
On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the violation had not been met by the Secretary of Labor. Sturgill’s citation was for a general duty clause violation for exposing its employee “to the hazard of excessive heat from working on a commercial roof in the direct sun.”[i] In response to this ruling, the way employers defend against heat-related OSHA citations for violations of the general duty clause may change.
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