Ways to address fluctuating material prices in construction contracts.

When a subcontractor signs a fixed price contract, the subcontractor typically bears the risk of increased prices for materials. Under normal circumstances the subcontractor will have to absorb increases in the price of lumber, paint, PVC, metals, glass, concrete, etc. A construction attorney, however, can draft contract provisions that change how the costs of the work and material price fluctuations will be handled to mitigate impacts on the subcontractor…

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

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

Turbine structure removal not subject to mechanic’s lien for rental equipment.

Often whether a project is subject to Ohio’s mechanic’s lien statute is a clear-cut determination for a construction attorney and not subject to serious dispute. There can be projects where it is more difficult to determine if the project is subject to the statute, which is a preliminary question for whether contractors, subcontractors, and suppliers possess lien rights…

Mechanic’s lien surety found to have waived notice of furnishing requirement.

Bonding off a mechanic’s lien in Ohio is a statutory procedure performed by a construction attorney who is usually retained by either the project’s owner, general contractor, or mid-tier subcontractor. Ohio Revised Code § 1311 contains the bonding off procedure…

Construction manager held liable for contractor’s delay damages, labor inefficiency, and pending change orders.

The opinion in TRAX Construction Company v. Village of Reminderville, 2021-Ohio-3481 (11th Dist. 2021) is an interesting one for Ohio construction lawyers. The project’s construction manager was held liable for over $1 million for the contractor’s delay damages, labor inefficiency, and pending change orders…