Index to September 2007 Brickerconstructionlaw.com Newsletter

Feature Article

Contractual Notice in a Post-Dugan & Meyers World
How much notice do the standard construction contracts require, and are they all about the same? What should a good notice provision do? Will the courts actually enforce the notice provision in a construction contract? These are just a few of the questions Ben Hyden and Sam Wampler answer in this month’s lead article.

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 . . .
We look at three important opinions in September, starting with a Court of Appeals decision from Lucas County on whether the commercial activity tax that took effect midway through a project should mean more compensation to the contractor. Then we examine two federal cases, one on the right and wrong ways to leave a multiemployer pension plan (from the Northern District of Ohio) and one on why it is so difficult for an unsuccessful bidder to bring a constitutional challenge (for deprivation of a property right) to the award of a public contract (from the Southern District of Ohio).

Holman, Gillis & Shevelow on Construction Documents: Revisiting Surety Bonds & Contract Requirements
This month Sylvia Gillis returns to the topic of the very first contracts column (back in 2000, when it was just “Holman & Gillis on Construction Documents”): Surety Bonds.

Hindsight about Unforeseen Site Conditions . . . Smoking Memo Leads to Finding of Constructive Fraud
When an owner kept a revealing memo to itself and painted a rosier picture of site conditions for bidders, a Pennsylvania court called the conduct “constructive fraud.” That got the attention of Doug Shevelow, P.E. & Esq., who discusses the case in this month’s column.

ADR Corner: Dispute Resolution—Not Just for Construction
David S. Riddle, P.E., examines some of the other contexts (other than construction disputes) where you might encounter alternative dispute resolution.

Indoor Air Quality: Courts Boot Mold Cases Where Proof Is Lacking
Our very occasional column returns with commentary (by David S. Riddle, P.E., again) on two mold cases that never made it to trial because the courts thought the proof just wasn’t there.

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