The July 2008 Brickerconstructionlaw.com Newsletter

Index to July 2008 Brickerconstructionlaw.com Newsletter

Feature Article

What Every Hospital Should Know About “LUST”
Underground storage tanks are regulated by various agencies that require the payment of fees and compliance with specific reporting requirements. This article discusses the basics about the agencies that regulate storage tanks and the reporting and fee requirements imposed by those agencies. The consequences of the failure to comply with the regulations are also discussed. Hospital administrators should pay particular attention to the regulations and make sure that the regulations are addressed in the hospital’s EH&S compliance management program.

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 . . .
This month we begin with an opinion from the United States Court of Appeals for the Sixth Circuit. The court looked at whether certain exclusions prevented insurance coverage where a contractor failed to adequately protect a roofing project. The contractor alleged that a surprise storm caused the damage and, as a result, the exclusions should not apply. Our second decision, from the Sixth Appellate District Court of Appeals of Ohio, looks at whether a contract’s exculpatory clause was unenforceable because the terms of the clause were not clear and unequivocal. The contractor argued that it was not liable for its own negligence due to the exculpatory clause in the contract.

Holman, Gillis & Shevelow on Construction Documents: Waivers of Subrogation: Does the Waiver Apply to Post-Construction Claims?
Construction contracts often include a wide array of insurance requirements, meaning various types of insurance may be needed throughout the course of a project. It is important to determine what type of coverage is needed, when it is needed, and who is must pay for the coverage. Adding the concept of subrogation to the equation only makes things more complex. After a four-year hiatus, this month’s contracts column revisits (and attempts to simplify) the waiver of subrogation provisions in Article 11 of the AIA Document A201-1997, General Conditions of the Contract for Construction.

OSHA Corner: What's New in the World of Job Safety?
OSHA keeps detailed records of all inspections it conducts. The details of the inspections such as the standards cited, penalty that may have been imposed, and type or category of employer that allegedly committed the violation can all be found on OSHA’s website. This month we examine the most-cited standards in the United States and also in Ohio for the NAICS code that applies to general medical and surgical hospitals, general pediatric hospitals, and osteopathic hospitals.

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