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The May 2008 Brickerconstructionlaw.com Newsletter
Editor's Note: We at Bricker & Eckler are pleased to present our 100th issue of BrickerConstructionLaw.com. The newsletter began in 2000 with the goal of educating those working in or associated with the construction industry. We wanted to find a way to bring recent legal developments affecting the industry to those who work in the industry. We have undergone several changes to the newsletter format, but the goal has never changed.
Our department, along with the many guest authors who have helped along the way, has tried to present current construction industry
legal issues in a quality format. Much of the credit goes to our former editor, Ms. Maureen Taylor, who oversaw 93 issues of the newsletter.
She was the driving force behind the newsletter for those first 93 issues, and her efforts make the newsletter easier to prepare for those of us left to fill her shoes. ~
Andrew Balcar
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Index to May 2008 Brickerconstructionlaw.com Newsletter
Feature Article
Introducing Bricker & Eckler’s 20 Rules for Public Owners’ Contracting Success
We begin our 100th issue with a new feature to the newsletter as we present Bricker & Eckler’s 20 Rules for Public Owners’ Contracting Success. These 20 Rules are the culmination of over 100 years of construction and legal experience and are intended to be used by public owners to help them with their construction projects. We plan to prepare articles and presentations which will highlight one of the 20 Rules and explain how each rule, if followed, will improve public owners’ chances of having a successful 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 . . .
We begin our column on “What the Courts Are Saying” with a case from the Ohio Supreme Court. The Court determines if an unsuccessful bidder had a constitutionally protected property interest in a public contract. Our second decision, from the Court of Appeals for Cuyahoga County, looks at whether a city and county were immune from suit when a city employee’s alleged delay in fixing a leaking water main caused fire damage to nearby businesses.
Holman, Gillis & Shevelow on
Construction Documents: Construction Contracting in the Face of
Material Cost Volatility, Escalation, or Inflation
Rod Davisson looks at the increasing costs of materials. Call it what you like: volatility, escalation, or inflation. The fact is that prices for construction materials continue to rise. A steady climb in prices is usually of little consequence. But, when prices explode, construction contracts—particularly fixed-price contracts—are in real danger. Rod explores the effects of material volatility and various methods used to plan for increases.
ADR Corner: Supreme Court Says No Review of Arbitrator’s Legal Analysis
In this month’s ADR Corner, we look at a recent decision from the U.S. Supreme Court that deals with agreements to arbitrate. David Riddle looks at this recent decision where the Court was asked to determine whether parties to a contract had the ability to contract for a greater standard of review of the arbitrator’s decision than what is provided in sections 10 and 11 of the Federal Arbitration Act. The parties agreed that the arbitrator’s decision, specifically the arbitrator’s legal analysis, could be reviewed by the court.
Upcoming Seminars
See information on upcoming construction seminars featuring Bricker &
Eckler construction attorneys.
Back Page
Construction Fellow Becomes Associate;
Construction Law Department Adds Summer Associate
Learn about Bricker & Eckler’s newest construction associate. You can also learn about the newest addition to Bricker & Eckler's Construction Department, a civil engineer who attends law school at the University of Cincinnati.
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