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Subcontractors’ Strongest Protections Don’t Always Apply

Several years ago, Ohio’s legislature passed a law to provide subcontractors and material suppliers with a formidable weapon to protect their payment rights – the Ohio Prompt Payment Act. ORC 4113.62 requires that...more

Ohio’s Consumer Sales Practices Act Broadens Its Application

Ohio’s Consumer Sales Practices Act (the CSPA) makes it unlawful for “suppliers” to engage in unfair, deceptive or unconscionable acts or practices in connection with a wide variety of consumer transactions, including...more

Buyer Beware – Know Your Contract and Get a Good Inspection!

Anyone who has bought or sold residential property is likely familiar with the Residential Property Disclosure Form. It is a form required by statute to be completed by the property seller, and its purpose is to reveal to...more

Contractual Liquidated Damages Update 3.0

Several editions ago, we published an article relating to the Boone Coleman v. Village of Piketon case, which struck down a $278,000 liquidated damages award for construction delays because the amount was disproportionately...more

Construction Managers At-Risk May Assert Spearin Doctrine Claims

It is widely known that a project owner impliedly warrants to the contractor the suitability of its design documents. This is known as the Spearin Doctrine, named after the 1918 U.S. Supreme Court decision, United States v....more

Contracts May Not Require Signatures, Especially in the Digital World

“I’m not signing that.” “I didn’t sign any contract.” Many of us have been in transactions where the deal has gone awry, and the question becomes what happens after someone’s breach or non-performance. In other words, which...more

A Re-Hash on Ohio’s Prompt Payment Act

On a construction or improvement project, a developer or property owner often hires a single prime contractor to be responsible for performance of the project, and general contractors then subcontract out nearly all parts of...more

Contracts Can Impose High Liquidated Damages in Some Cases

A few volumes ago, we wrote about the scope and enforceability of liquidated damages provisions in contracts, indicating that these provisions may only be enforced by courts where (i) the damages amount is not so unreasonably...more

Ohio Builders Beware: Stiff Penalties Remain

For several years, home builders and residential contractors in Ohio were subject to the Consumer Sales Practices Act – an arduous consumer protection law that imposes heavy penalties upon service “supplies” like builders,...more

Compliance With Notice Provisions Can Make Or Break Your Bottom Line

Over the past decade, courts in Ohio have confirmed time and time again that they will strictly enforce notice requirements in construction contracts where a contractor or subcontractor seeks additional time or compensation. ...more

Liquidated Damages in Your Contract? Not So Fast

Parties often include terms in a contract providing for predetermined damages, or liquidated damages, in the event of a breach by one of the parties. In construction contracts, liquidated damages provisions typically apply to...more

Subcontractors Can Still Perfect Mechanic’s Liens After Prime Contractors File Bankruptcy

One of the most common and effective ways for a subcontractor to secure a payment claim is to file a lien. Assuming any applicable, pre-lien notice requirements are satisfied, an unpaid subcontractor can lien a private...more

When Will You Get Paid? Depending on Your Contract, Maybe Never…

If you’re like anyone else, you think that once you’ve been hired, you perform your work and you get paid. Simple, sensible. The Ohio Supreme Court recently confirmed that like anything else, your right to be paid for your...more

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