On April 1, Steve Seasly, Kara Williams and Ivan Golden shared insight with members of the Construction Employers’ Association in a webinar that highlighted important guidance related to the Families First Coronavirus Response Act and the Paycheck Protection Program. You can watch a recording of this webinar below.
COVID-19 Employer Considerations
On March 28, 2020, the Ohio Facilities Construction Commission (OFCC) Executive Director Cheryl Lymon circulated a letter to contractors and design professionals detailing the obligations of businesses holding OFCC contracts during the recent COVID-19 pandemic. The letter reiterates the importance of employers complying with Ohio Department of Health Director Amy Acton, MD, MPH’s March 22,
On Friday, March 20, 2020, the Department of Homeland Security (DHS) announced flexibility in the requirements associated with Employment Eligibility Verification (Form I-9).
In certain situations, DHS will exercise discretion to defer the physical presence requirements associated with Form I-9 under Section 274A of the Immigration and Nationality Act (INA).
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
During this 30-minute phone conference, Hahn Loeser’s Construction Team will discuss:
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 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
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
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 & 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
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