Index to June 2008 Brickerconstructionlaw.com Newsletter

Feature Article

A New Service for Public Owners: The Bricker & Eckler LLP Construction Document System For Small and Mid-Size Projects
This month we announce a new service available to public owners. Our lead article spotlights the Bricker & Eckler LLP Construction Document System for small and mid-size projects. The Construction Document System provides public owners with contract documents, training, and key updates designed to comply with changes in the law.

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 start with a case from the Sixth Circuit Court of Appeals. The court determined whether or not a disappointed low bidder had standing to challenge both the evaluation of bids and award of the contract to another contractor. Our second decision, from the Court of Appeals for Franklin County, Ohio, considered an issue of priority between mechanics’ liens and a mortgage filed after construction began. Our final case for the month of June comes from the Supreme Court of Michigan where the court determined the liability of a general contractor for injuries occurring to a subcontractor’s employee.

Holman, Gillis & Shevelow on Construction Documents: Designing the Price Escalation Clause
Holman, Gillis, and Shevelow on Construction Documents again looks at ways to shift the risk when dealing with these turbulent times. Last month, Rod Davisson explored the basics of price escalation and examined strategies for reducing the impact of material volatility on projects. One of those techniques is to use a price escalation clause in your contracts. This month, Rod looks at price escalation clauses in the general sense. Why are they used? How do we create one that works?

Hindsight about Unforeseen Site Conditions . . . Tunnel Vision Costs Contractor in Differing Site Conditions Case
In “Hindsight About Unforeseen Site Conditions”, we look at a recent decision from the U.S. Court of Appeals for the Federal Circuit that deals with a contractor’s interpretation of information supplied by the government. Doug Shevelow looks at this recent decision where the contractor pursued a Type I differing site conditions claim. The court reviewed the contractor’s interpretation of the data that was supplied to the contractor, and the court looked at whether the actual conditions of the site were reasonably foreseeable.

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