Index to March 2008 Brickerconstructionlaw.com Newsletter

Feature Article

Utility Protection: What Are the Contractor’s Duties?
In our March 2006 issue Doug Shevelow began a series on underground utilities with “Utility Protection: What Duties Does the Owner Owe the Contractor?” and followed that with “Utility Protection, Part II: What Are the Utility Owner’s Duties?” in our March 2007 issue. (You can find each article in the archive located on our website, www.Brickerconstructionlaw.com.) In this special March issue, Doug focuses on the contractor’s duties with “Utility Protection: What Are the Contractor’s Duties?”

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 March column on “What the Courts Are Saying” begins with a recent decision from the Fourth Appellate District here in Ohio. In that case a contractor’s claim against an owner was denied because the contract documents were not executed according to Ohio law. The case illustrates the need to know who has authority to sign a contract on behalf of a public owner. The second case comes from the Court of Appeals of Michigan and deals with a public owner’s immunity from claims where the public owner is undertaking a governmental function. The court was asked to look at an exception to the governmental immunity defense where a public owner allegedly failed to properly review the plans and design of a drainage system.

Holman, Gillis & Shevelow on Construction Documents: “Time is of the Essence” – Finishing the Work on Time and What Happens if the Work is not Finished on Time
In this month’s “Holman, Gillis & Shevelow on Construction Documents” construction attorney and engineer Scott Davis looks at the meaning of the phrase “Time is of the Essence.” What, according to Ohio courts, does this phrase mean? Scott answers this question and looks at issues related to contractual consequential and liquidated damage provisions and the consequences of triggering each provision.

Hindsight about Unforeseen Site Conditions . . . Site Claim Reveals Hidden Risk in Soil Borings
Doug Shevelow looks at one case dealing with the issue of differing site conditions. In Hindsight About Unforeseen Site Conditions – Site Claim Reveals Hidden Risk in Soil Borings, Doug looks at a case where questions about the accuracy of the boring logs arose.

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