The June 2006 ohioconstructionlaw.com Newsletter

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Index to June ohioconstructionlaw.com Newsletter

Feature Articles

Cementech Revisited: Ohio Supreme Court Strikes Down Money Damages for Wrongly Rejected Low Bidder
Since last April's decision of one Ohio Court of Appeals, contractors have had the hope that if a public owner wrongly rejected their low bid, they could recoup whatever lost profits they could prove in court. No more. The Ohio Supreme Court dashed that hope in its decision on June 28, allowing public owners to breathe a collective sigh of relief. Read the details here.

A Primer on Standards for Public Bidding
When bids come in on a public construction project, what standard must the owner apply in deciding who gets the contract? Because of the numerous statutes, the answer varies and depends on whether the owner is a municipality, a county, a school district, or some other public body. Brett Breitschwerdt and Jack Rosati cut through the confusion and explain how the standards differ, and how they are alike.

Tax Incentives Encourage Owners To Construct Green Buildings
In a follow-up to last month's article on constructing energy-efficient hospitals, David S. Riddle, P.E., explains the tax benefits that provide an additional reason for owners of commercial or public buildings to consider "building green."

Monthly Columns

What the Legislators Are Considering
Link to information on pending legislation of particular interest, updated daily.

What the Courts Are Saying . . .
Seven cases fill our column this month, and the topics are varied: (1) expenditures by the County Engineer, (2) disputed payment for excavation work, (3) a subcontractor's duty to another subcontractor on the project, (4) prevailing wage law, (5) whether a wrongful death judgment based on criminal violation of a safety regulation can be wiped out by bankruptcy, (6) the problems of challenging the award of a competitively bid Kentucky contract when you're an Ohio contractor, and finally (7) the Economic Loss Rule once again.

Holman, Gillis & Shevelow on Construction Documents: Non-Payment—Who Holds the Risk?
What do the various standard contracts say should happen when a contractor fails to pay a subcontractor or supplier? If that has ever happened on a project where you were involved, you will want to see what guest author David S. Riddle, P.E., has to say on this topic.

Unforeseen Site Conditions: Site Conditions Aren’t Technically “Different,” But Aren’t Compatible with Plans—What Happens?
Sometimes, even though the site conditions match what the contract documents say, they still don't permit construction by the methods called for in the plans. A federal court recently looked at what happens in such a situation, and Doug Shevelow, P.E., explains what it said.

ADR Corner: Mediation & Arbitration—A Look at the AAA Rules
This month's explanation of the AAA rules comes from guest author David S. Riddle, P.E.

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

Back Page

Firm News: Construction Fellow Program Grows With Addition of Ben Hyden
Learn about the newest addition to Bricker & Eckler's Cincinnati-Dayton office, a civil engineer who attends law school at Northern Kentucky University in the evenings.