SZD Construction Focus: prevailing wages; bid preparation costs; differing site conditions

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Court rules that public school officials may require prevailing wages

Ohio’s Prevailing Wage Law expressly states that its provisions do not apply to public improvements undertaken by the board of education of any school district. This exemption was created in the midst of the massive public school construction program undertaken by the Ohio School Facilities Commission (OSFC).

Ohio Supreme Court rules that a bidder wrongly rejected for public contract may recover bid preparation costs

In a unanimous decision, the Ohio Supreme Court ruled that a bidder may recover its reasonable bid preparation costs if the bidder establishes that its bid was wrongfully rejected because the public authority violated the public competitive bidding laws.

Change orders: differing site conditions

Differing site conditions that negatively affect the work provide a contractor with the opportunity to recover the resulting additional costs. Providing the proper notice and proving the elements of the circumstances of the differing site conditions claims are essential for the contractor’s recovery through the change order process.

No da­mage for delay provision held void

Ohio law prohibits contract language that waives or precludes a contractor’s liability for delay when that delay is caused by the contractor. A hazardous waste abatement contractor entered into an agreement with a subcontractor...

Preserving mechanic’s lien rights

The steps to perfect a mechanic’s lien must be strictly followed. On private commercial projects, a contractor, subcontractor or supplier must file the lien with the County Recorder by submitting an affidavit showing the amount due...

Obama Board era begins

The National Labor Relations Board (the Board) traditionally consists of three members selected by the party controlling the White House and two picks from the opposing party. Early this summer, the Board finally reached its full complement of members after years of being short-handed due to political wrangling.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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