Index to November 2007 Brickerconstructionlaw.com Newsletter

Feature Article

AIA Contract Documents—Recent Revisions Change the Dispute Resolution Process
The AIA contract documents are used throughout the construction industry. Scott W. Davis explains the history of the AIA contract documents and places special emphasis on the recent revisions to the dispute resolution provisions in the AIA A201-2007 General Conditions document.

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 . . .
The first case in November’s “What the Courts Are Saying,” is a decision from the Cuyahoga County Court of Appeals on whether a city is immune from liability for a storm sewer that could not handle the flow of water during a heavy rain. Our second case comes from Kentucky where the concern of the Kentucky Supreme Court was whether or not a land surveyor provided “professional services.” The court was asked to determine which statute of limitations applied to an action against the land surveyor. Our last case also comes from Kentucky where a subcontractor failed to provide timely notice as required by Kentucky lien law.

Hindsight about Unforeseen Site Conditions . . . Lead Problems Demonstrate Importance of Notice
The Unforeseen Site Conditions column discusses a case dealing with the hazards of demolishing or rehabilitating structures that contain lead contamination.

OSHA Corner. . . What's New in the World of Job Safety?
In the OSHA Corner, we look at an Ohio case where the contractor’s knowledge of OSHA requirements was used against the contractor in an employer intentional tort action.

ADR Corner: Arbitration Awards— Can Parties Require Judicial Review of the Basis for the Award?
David Riddle, P.E., discusses arbitration agreements which require court review of the basis of an arbitration award. Can parties require court review of an arbitration award to determine if the arbitrator followed the substantive law that applies to the dispute? This issue is currently pending before the United States Supreme Court.

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

Firm News

Professional Engineer Added to Construction Fellow Program
How do you create and maintain a successful program? You select the right people. On November 5, 2007, Desmond Cullimore, P.E., joined the ranks of the Bricker & Eckler Construction Fellow program.