As of Thursday, March 19, 2020, Ohio State agencies are reporting that construction projects will continue, despite the Coronavirus. The Ohio Department of Transportation (ODOT) directed office staff, who are able, to work remote, but confirmed to me personally on Monday March 16 that project work should continue. Ohio Facilities Construction Commission (OFCC) also reported
Join Hahn Loeser for a Construction Industry COVID-19 Update – Thursday, March 19, 12 noon via Webex
During this 30-minute phone conference, Hahn Loeser’s Construction Team will discuss:
- project delay issues arising from the coronavirus pandemic (and documentation best practices)
- employee retention and staffing issues
Hahn Loeser partners Aaron Evenchik, Andy Natale and associate Greg Thompson, along with Employment Practice Area Chair Steve Seasly will discuss the latest guidance, provide
The Effect of the COVID-19 Coronavirus on Construction
The COVID-19 coronavirus is impacting every aspect of the economy, and construction will not be exempt. Materials and deliveries may be slowed, crews quarantined and unavailable, and projects delayed. We view COVID-19 as an event beyond the control of a party (an “act of G-d”), falling within the force majeure provision of most contracts. Some
Ohio Legislature Amends Bill Considering 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.
Yesterday, the legislature approved an amendment to the Bill that clarifies that the
Ohio Court of Appeals Applies Supreme Court’s New Riegel Decision; Rejects School District’s “Accrual” Argument to Resurrect Claims
The Seventh District Court of Appeals’ decision in Union Local School District v. Grae-Con Construction is another important victory for the Ohio construction industry in the ongoing debate over the proper application of Ohio’s construction statute of repose, R.C. 2305.131. The Seventh District Court of Appeals, applying the Supreme Court of Ohio’s July 2019 decision in New Riegel Local School District v. Buehrer Group Architecture & Engineering, Inc., et al., reaffirmed dismissal of stale breach-of-contract claims under Ohio’s construction statute of repose. The Seventh District rejected three separate arguments advanced by Union Local, which was attempting to overturn the trial court’s rejection of Union Local’s breach of contract claims against contractors and other project participants. The Union Local opinion is yet another example of Ohio courts interpreting and applying the construction statute of repose to prevent prosecution of stale claims many years after project completion.
Union Local’s first argument was that the construction statute of repose did not apply to breach of contract claims. The Union Local appeal had been stayed pending the outcome of New Riegel, so the Seventh District was able to swiftly dispose of Union Local’s argument based on the Supreme Court of Ohio’s July 2019 holding that Ohio’s construction statute of repose bars breach of contract claims as well as tort claims filed more than 10 years after project substantial completion. (Hahn Loeser previously summarized the impact of New Riegel here.)
Continue Reading Ohio Court of Appeals Applies Supreme Court’s New Riegel Decision; Rejects School District’s “Accrual” Argument to Resurrect Claims
Hahn Loeser’s Construction Practice Named Among “Best Law Firms” for 2020 Nationally, and Among Top Tier Practices in Cleveland and Columbus
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.
Continue Reading Ohio Supreme Court Rules that Statute of Repose Applies to Contract Claims
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.