Index to April 2008 Brickerconstructionlaw.com Newsletter

Feature Article

The Anatomy of a Construction Acceleration Claim
Acceleration claims can be filed by contractors for a wide variety of reasons. Owners faced with an acceleration claim must determine the cause of the claim and make a decision on how to best respond to the claim. Ben Hyden outlines the basics of acceleration claims, and provides some best practices for dealing with acceleration claims. A hypothetical acceleration claim scenario is discussed along with how the claim would effect the various construction professionals working on the project.

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 . . .
A decision from the Court of Appeals for Medina County leads off our April column on “What the Courts Are Saying.” A contractor working on a public project violated prevailing wage laws by failing to pay prevailing wage to employees working at an off-site shop. The employees were fabricating duct work that would be used in the completion of the public project. Our second decision, from the Southern District of Ohio, Eastern Division, looks at whether either a principal or an obligee may bring a bad faith claim against a surety.

Holman, Gillis & Shevelow on Construction Documents: Standard One-Year Warranty: Fact or Fiction?
This month we look at the “standard one-year warranty” in the AIA A201-1997 General Conditions. A common misconception by many in the construction industry is that contractors are not responsible for repairing work after the “standard one-year warranty” has run its course. We previously covered this topic in our November 2006 issue, but we are writing about it again as the topic is frequently brought up by owners, contractors, and others in the construction industry. Chris McCloskey looks at the AIA one-year warranty and how it relates to the other provisions in the AIA A201-1997 General Conditions document. Chris also looks at recent case law showing how one court applied the one-year warranty language.

OSHA Corner
In this month’s OSHA Corner, we look at the Equal Access to Justice Act and how it enables contractors to recover legal fees in an OSHA matter. Jennifer Chapman and Andrew Balcar look at who may attempt to recover their attorney’s fees, the procedural steps that must be followed, and the burden of proof that must be met to recover legal fees.

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