The March 2007 Brickerconstructionlaw.com Newsletter

Third Annual Heavy/Highway Issue

VIEW OR PRINT ENTIRE ISSUE IN PDF FORMAT
OR
GO DIRECTLY TO NEWSLETTER INDEX TO SELECT ARTICLES OF INTEREST

Index to March 2007 Brickerconstructionlaw.com Newsletter

Feature Article

Utility Protection, Part II: What Are the Utility Owner’s Duties?
Construction often involves digging, and that triggers an obligation to locate underground utilities. Last year, in our second annual Heavy/Highway issue, Doug Shevelow, P.E. and Esq., looked at what this means for a project owner. For the third annual issue, he continues the theme by spotlighting the obligations of the utility owner.

Monthly Columns

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

What the Courts Are Saying . . .
Our four cases this month examine a general contractor’s role in a trench collapse (Michigan Court of Appeals), the requirements for a mechanic’s lien on road construction (Ohio Court of Appeals, Franklin County), a contractor’s claim that a construction manager interfered with its relationship with the owner (Common Pleas Court, Franklin County, Ohio), and finally the proper method for calculating property damage under Kentucky law (Federal appellate court for the Sixth Circuit).

Holman, Gillis & Shevelow on Construction Documents: Defining a “Hazardous Environmental Condition” under the EJCDC
If a contractor discovers hazardous material on a jobsite, what does an EJCDC contract require it to do? Ben Hyden has the answers.

Hindsight about Unforeseen Site Conditions . . .
When Courts Examine Differing Site Conditions, Results Differ Too
Doug Shevelow, P.E. and Esq., examines three recent cases that all turned out differently.

OSHA Corner: What's New in the World of Job Safety?
In addition to commenting on some recent citations, Andrew Balcar looks at OSHA’s regulations on locating underground utilities before digging.

ADR Corner: Dispute Review Boards—Anticipatory ADR
Construction Fellow David Riddle, P.E., explains the ins and outs of DRBs, a relatively new approach that is catching on fast with the Ohio Department of Transportation and elsewhere.

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

Back Page

Bricker Offers “Best of the Best” in Final Wrap-Up Roundtable
Get the details on this April 27 program, fourth in a series of Best Ideas for Successful Projects.