Full Article in Properties Magazine
At the most basic level, contracts serve to assign, allocate, and mitigate risk. Parties—unsurprisingly—are typically unwilling to adopt greater risk than required, and often look to assign most of the risk to the other contracting party. While understandable, this approach may have unintended costs.
For the most part, the general
When reviewing a contract, how often have you had the following thoughts: “That provision is so one-sided, there’s no way it will be enforced the way it’s written!” Or “I won’t worry about negotiating that provision; a court would never enforce it as written.”
A recent decision from Ohio’s Tenth District Court of Appeals illustrates
Owners and contractors should be knowledgeable in the various contract forms and their associated risks. Among the most common construction forms are 1) lump sum, 2) cost plus a fee and the hybrid, 3) cost plus a fee with a guaranteed maximum price. Each allocates risk differently and has different benefits for the parties.
A lump
Non-compete clauses in employment contracts are subject to a wide variety of state laws that limit their effectiveness, but often leave room for reasonable restrictions when an employee leaves. A proposed new rule from the U.S. Federal Trade Commission (FTC) would bring uniformity to the law – by banning employers from entering into non-compete clauses
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.
The recent increasing price of lumber may be the single biggest threat to affordable housing in the United States, not to mention the threat it poses to the U.S. economy. Covid-19, which spurred an upsurge in home renovation projects and a drop in financing rates for new home builds, has caused a contemporaneous increase in
Members of our Construction Law Team joined forces with Suhas Shah, a partner with Intyllus Advisors for a three-part webinar series for the construction industry on critical topics of interest related to COVID-19. If you missed any of our programs, you can watch the recordings and download the slides at the links below.
Part 1:
We want to thank Foundation Software for inviting us to present a three-part webinar series for their clients. You can view each of these complimentary sessions and access the slides at the links below.
Part 1: Make the Most of the Coronavirus Paycheck Protection Program (“PPP”) Loans
Presented on Friday, April 24 at 1 p.m.
Last Friday, April 24, we had record turnout for the first program in our webinar series with Foundation Software and we look forward to another great program this afternoon! This complimentary series provides guidance on critical issues impacting the construction industry.
You can listen to the recording and download the slides from last week’s topic
On Friday, January 24, 2020, a Lake County Common Pleas Court returned a unanimous jury verdict in favor of Hahn Loeser’s client — TRAX Construction Co. — against the Village of Reminderville, Ohio, its design professional OHM Advisors, Inc., and Village Engineer, Eugene Esser, awarding our client the full $1.1 million it sought for compensatory damages. The jury also found OHM Advisors and Mr. Esser had committed fraud, and in addition to liability for compensatory damages, awarded TRAX $375,000 in punitive damages and its attorney’s fees.
Continue Reading Hahn Loeser Obtains Unanimous Jury Verdict for TRAX Construction Co.