Index to July 2007 Brickerconstructionlaw.com Newsletter

Feature Article

SB 7: What You Need To Know about Ohio’s Response to Kelo
In order to construct public projects, state agencies, school districts and other public bodies often take private property through the process of eminent domain. States throughout the country are modifying the rules and rationales for this process in response to a 2005 Supreme Court decision that seemed to make it easier to justify such a taking. If you are involved in public construction, you will want to read this comprehensive explanation of how Ohio is changing its law.

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 . . .
This month we look at three cases on widely varied topics: a contractor’s insurance coverage—or lack of coverage—for a lawsuit brought by injured “temporary workers” (a federal decision from the Sixth Circuit Court of Appeals); requirements for constructing parking lots so they don’t run afoul of discrimination laws, and what to do if someone complains (a federal decision from the Northern District of Ohio); and finally, whether an alleged oral agreement between a county engineer and township trustees can bind the county to construct a sewer (the Court of Appeals for Mahoning County, Ohio).

Holman, Gillis & Shevelow on Construction Documents: Contractual Requirements for Experienced Workers
Assuring that you have experienced workers on the job may be the best guarantee of a successful project. This month, guest author Andrew Balcar looks at provisions in the general conditions documents put out by the AIA and the EJCDC that can help an owner to achieve that goal.

Hindsight about Unforeseen Site Conditions . . . Differing Site Conditions—California Style
California often seems to preview trends and ideas—including legal trends and ideas—for the rest of the nation. So this month Doug Shevelow, P.E. and Esq., examines what California says, in its statutory law and in court decisions, about his usual topic of unforeseen site conditions.

ADR Corner: Mediation & Arbitration—How Voluntary Are They?
Can a party be forced to mediate although it never entered into a mediation agreement? What about arbitration against a party’s will? As you might think, the courts have addressed these issues, and David Riddle, P.E., looks at what two such opinions concluded.

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