Parties to construction contracts sometimes will agree to onerous provisions, despite their inclination to object to them, with the thought of “how likely is that to occur?” Three recent court decisions highlight why parties...more
12/10/2025
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contract Drafting ,
Contract Interpretation ,
Contract Terms ,
Dispute Resolution ,
Mechanics Lien ,
Risk Management ,
Statute of Limitations
Recently, the Ohio Legislature changed a 12-year-old law applicable to home construction services. The original version only applied to contracts for new construction (or ancillary construction to the new construction, like a...more
It is a well-known general rule that a court cannot compel parties to arbitrate disputes that they have not agreed in writing to arbitrate. “Indeed, when a party resisting arbitration is not a signatory to an arbitration...more
As the United States Supreme Court concluded its most recent term, a flurry of consequential decisions were released. As is typical, some of the most controversial decisions were released towards the end of the term (which...more
7/12/2023
/ 303 Creative LLC v Elenis ,
Abitron Austria GmbH v Hetronic International Inc ,
Affirmative Action ,
Allen v Milligan ,
Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Civil Rights Act ,
Clean Water Act ,
Coinbase Inc v Bielski ,
Dubin v United States ,
Educational Institutions ,
Federal Arbitration Act ,
Fourteenth Amendment ,
Groff v DeJoy ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Mallory v Norfolk Southern Railway Co ,
Sackett v EPA ,
SCOTUS ,
Student Loans ,
Students for Fair Admissions v Harvard College ,
Talevski vs. Health and Hospital Corporation of Marion County ,
Yegiazaryan v Smagin
The residential real estate market in Cleveland continues to boom, with home price values increasing by more than 10-20% in northeast Ohio over the past few years. So Shoveling Smoke thought this would be a good time to...more