On June 28, 2024, Governor DeWine signed HB50 which redefines some important definitions in the Home Construction Suppliers Services Act (RC 4722) (HCSSA). The change will require ALL Ohio construction contractors to review...more
A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In...more
Dear YouDig?,
We just went through a ridiculous three-year odyssey with our commercial plumbing contractor on a 250 unit housing development. Plumber failed in designing its work, installing its work and, even when asked...more
Dear YouDig?,
Our “Top Gun” bid team is thrilled to have secured a prime plumbing subcontractor on a new hospital project. One problem, the general contractor trashed our form. We are stuck with a mind boggling 60 page...more
Dear YouDig?
We are a design builder with jobs throughout Ohio and the Midwest. We have noticed an increase in workplace discrimination and hostility on many of the jobs we are running. This is definitely not our style...more
7/13/2021
/ Complaint Procedures ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Contractors ,
Design-Build ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Enforcement ,
General Contractors ,
Indemnification Clauses ,
Investigations ,
Penalties ,
Policies and Procedures ,
Subcontractors
Dear YouDig?
We are thrilled to be adding a four story children’s wing to our hospital. Construction was progressing well and near completion. Last week a blizzard with sub-zero temperatures blew through. When we returned...more
Dear YouDig?,
Seriously, we run into contractors that will lie, lie, lie and then after taking a breath will lie some more. They did the work. They followed specs. They received verbal authority. They have the troops...more
Dear YouDig?
We are a well-established and successful multi-national manufacturer. We sought to hire a certain specialty construction firm to be general contractor for several of our plant expansions. Well, we started...more
Dear YouDig?,
We are a tree service contractor and some shady property manager is trying to give us a haircut. We don’t want a haircut. We like our hair AS IS.
We had a contract. We changed the scope through agreed upon...more
9/28/2020
/ Change Orders ,
Conditions of Payment ,
Construction Contracts ,
Construction Project ,
Contract Disputes ,
Credibility ,
Due Diligence ,
General Contractors ,
Managers ,
Reputation Management ,
Underpayment
Dear YouDig?,
We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as...more
8/20/2020
/ Breach of Contract ,
Change Orders ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
Design-Build ,
Subcontracts ,
Waiver of Liability
Dear YouDig?
Freedom? The laws of construction sure don’t provide “Freedom.” It’s more like law prison. What gives?
-MAGA...more
Dear YouDig?,
We were just hired to construct part of a stage and sound system for a concert by the management team of a famous rock n’ roll group that is coming to Ohio this summer (we can’t name the band but it sounds...more
2/25/2020
/ Consequential Damages ,
Construction Contracts ,
Express Contract Terms ,
Indemnification Clauses ,
Lost Profits ,
Material Suppliers ,
Music Industry ,
Risk Management ,
Risk Mitigation ,
Subcontractors ,
Supply Contracts ,
Waivers
Dear YouDig?,
We are finishing up a contract to start a piece of a big project. The owner is pushing for a 10 percent retainer of all of our payments. It does not seem fair as most of our costs are front loaded and most of...more
Dear YouDig?,
We are in the middle of a massive addition to our warehouse. The value is high seven figures in construction services. We don’t do this all the time but we fell in love with the Design-Builder, signed their...more
Dear YouDig?,
I admit it. As an engineer I like to tinker. A few months in to a factory project our team tinkered up a change in the materials and the delivery system that would save the owner a bucket of money for just a...more
Dear YouDig?,
We have been very successful in constructing strip centers throughout the Midwest. Our success has brought us many opportunities to venture into other areas. We always stay in our lane and reject these...more
Dear YouDig?,
I am majoring in construction management in O-H-I-O. Love this stuff. Help me out though. I am getting mixed signals from my professors and from what I read in various publications and social media, including...more
Dear YouDig?
Freedom? The laws of construction sure don’t provide “Freedom.” It’s more like law prison. What gives?
-MAGA...more
Dear YouDig?
We are a commercial design builder. We strive for greatness in all of our work. Even still we end up with complaints and a ton of close out issues on virtually every project. I know, that is the norm. The time...more
Dear YouDig?
We decided to expand our plant to meet the needs of a major international customer. This is a game changer for us. We MUST have the expansion completed within 10 months in order to meet the client’s demands or...more
RESIDENCY QUOTAS FOR CITY CONTRACTORS -
OHIO SUPREME COURT TO HEAR ARGUMENTS IN MARCH.
THE CASE: On March 6, 2019, the Supreme Court of Ohio is set to hear oral arguments on City of Cleveland v. State of Ohio, Supreme...more
Dear YouDig?
We are owed mid-six figures for excavation work we finished six months ago. The general contractor is playing dodgeball and claims it hasn’t been paid. We want to make a claim to get our dough. Problem, it...more
1/18/2019
/ Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Delay Claims ,
Excavation ,
General Contractors ,
Mechanics Lien ,
Notice of Furnishing ,
Prompt Payment ,
Statute of Limitations ,
Subcontractors