Architect, landscape architect, engineer, and surveyor lien rights in Ohio

Architects, landscape architects, professional engineers, and professional surveyors have lien rights for construction projects located in Ohio. These design professional liens are a similar concept to mechanic’s liens where the project’s real property provides security for payment owed to the design professionals. Much like mechanic’s liens, the design professional liens can be an important tool for construction lawyers to get their clients paid…

The difference between litigation, arbitration, and mediation for construction disputes in Ohio.

The three common methods of resolving construction disputes in Ohio are litigation, arbitration, and mediation. In practical terms, a commercial construction company needs a construction lawyer to represent it in any of the three. But these are the most basic differences for a construction company facing a dispute…

Ohio court addresses contractor’s ability to sue project lenders.

An occasional issue for a construction attorney is whether the contractors can directly sue the project’s lenders. That question was addressed in APCO Industries, Inc. v. Braun Construction Group, Inc….

Ohio’s Prompt Payment Act – remedies for late payments to subcontractors.

As a construction law firm in Cincinnati, an important legal tool that comes up often is Ohio’s prompt pay law, more formally called the Prompt Payment Act (O.R.C. 4113.61). The Prompt Payment Act sets certain time requirements for when payments must be made on Ohio construction projects. The Prompt Payment Act requires general contractors to pay subcontractors within 10 calendar days…

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

Unpaid subcontractors 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 a construction lawyer may use 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…

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…

Schwandner Law Firm LLC helps contractors get paid for their work. Contact the firm for a construction lawyer experienced with construction law and contract provisions governing payment.

Claiming and calculating home office overhead for delayed construction in Ohio.

When delays occur on a 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.

COVID-19 (novel coronavirus) construction delays and impacts in Ohio – what contractors can do now to protect their rights.

There is no single answer to the questions of what contractors’ rights are and what must be done to protect those rights for COVID-19 (novel coronavirus) delays and impacts. Construction attorneys and litigation will be working on the questions for years to come. However, contractors, subcontractors, and suppliers who may be affected directly or through ripple effects should immediately…