Index to February 2008 Brickerconstructionlaw.com Newsletter

Feature Article

Draft NPDES Permits for Storm Water Discharges: The Impacts to Construction Activities and Small Municipal Storm Sewer Systems
For our February issue, our 97th, we look at new EPA permit requirements. The Ohio EPA recently released two draft National Pollution Discharge Elimination System storm water general permits for public comment. The public comment period ended for each permit and, once the permits are final, there will be new requirements placed on construction activities and on municipal storm sewer systems. Construction Fellow Desmond Cullimore and Attorney Mike Holman outline the new requirements and compare these requirements with the already existing standards.

Monthly Columns

Construction-Related Legislation
The 127th Ohio General Assembly is underway. Keep up-to-date with pending construction-related legislation, updated daily.

What the Courts Are Saying . . .
Our first case for February is a case before the U. S. District Court for the Southern District of Ohio. The issue was whether Ohio law recognized a bad faith claim against a performance bond surety. After discovery was conducted, a contractor sought to add a bad faith claim to its breach of contract action. Next, we look at a case from the Supreme Court of Kentucky. The court looks at whether a commercial general liability policy covers damages that occurred where a contractor hired to remove a carport mistakenly removed the carport and half of the house connected to the carport.

Holman, Gillis & Shevelow on Construction Documents: The AIA Document B101-2007 Owner-Architect Agreement: Who Has Rights to the Instruments of Service?
In this month’s “Holman, Gillis & Shevelow on Construction Documents” column guest author Andrew Balcar looks at the rights to the architect’s work product, or “Instruments of Service,” under the AIA B101-2007 and the AIA A201-2007. What are the owner’s rights to the design? Does the contractor have any rights to the architect’s work product? Who can use the design if the architect is terminated by the owner? Can the owner use the design if the owner breaches the owner-architect agreement? Andrew looks at these questions and hopefully sheds some light on the rights of each party to use the work product produced by the architect.

ADR Corner: Do Courts Refuse To Enforce Some Arbitration Provisions? Yes, But Not Very Often
In the ADR Corner, David Riddle, P.E., looks at a case from the Court of Appeals for Lake County where the court refused to enforce an arbitration provision. David looks at whether this case will effect the construction industry or if it is an infrequent departure from the strong public policy to support arbitration provisions.

Upcoming Seminars
See information on upcoming construction seminars featuring Bricker & Eckler construction attorneys.