An unpaid subcontractor can seek payment directly from the project’s owner.

Unpaid subcontractors on construction projects may have good reason to want to seek their payment directly from the project’s owner. One reason would be when a financially distressed general contractor is either unwilling or unable…

Arbitration provision: enforceable or unconscionable?

Arbitration is when parties submit their disagreement to a neutral third party for a binding decision instead of going to court. If a dispute is subject to an arbitration provision, one basis for avoiding arbitration is demonstrating that the arbitration provision is unconscionable…

Determining whether liquidated damages are enforceable or not.

Liquidated damages arise from a contract provision that defines the amount of damages that will be paid if the contract is breached in the future. During contract negotiations, the parties agree to estimated damages and specify that in the contract…

If someone steals your equipment from the construction site and uses it to cause damage, are you liable?

In Ohio, probably not. At least that was the outcome for the construction company whose bulldozer was stolen and then rammed into someone’s home…

Is it a pay-when-paid provision or a pay-if-paid provision?

“We were not paid at all, so we will not be paying you.” “We were only partially paid. We took a haircut, so you will also have to take a haircut.” “We are not obligated to pay you until we receive payment ourselves.” These are common statements…

Claiming and calculating home office overhead for delayed construction in Ohio

When delays occur on a construction project, contractors and subcontractors may incur additional costs caused by the delays.  Delay costs are frequently categorized as either field costs or home office costs…

Preparing and litigating delay claims for home office overhead typically requires the help of a construction lawyer. Schwandner Law Firm LLC is a construction law firm with delay claim experience and is located in downtown Cincinnati, Ohio.