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…
Claiming and calculating home office overhead for delayed construction in Ohio.
in Construction Delay, Home OfficeWhen 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.
in Construction DelayThere 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…
Ways to address fluctuating material prices in construction contracts.
in Construction ContractsWhen 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 NegligenceIn 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.
in Mechanic's LienOften 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.
in Mechanic's LienBonding 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.
in Construction Delay, LitigationThe 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…
Court affirms finding that construction contract was modified by conduct.
in Construction Contracts, LitigationContracts are often modified during construction projects by change orders and other written documents. Construction contracts can also be modified during projects by oral discussions when the owner and contractor speak to each other. Construction contracts can even by modified by the parties’ conduct…
Court addresses extent of incorporation by reference in construction design contract.
in Construction Contracts, LitigationThe case in Martins Ferry City School Dist. Bd. of Edn. v. Colaianni Construction, Inc., 2023-Ohio-2285 (7th Dist. 2023) arose from school construction. The projects participated in Ohio’s Classroom Facilities Assistance Program, which resulted in the design contract including a reference to…
Ohio court rules that indemnity agreement does not provide for first-party attorney’s fees.
in LitigationAn Ohio court has ruled that under the indemnity provision before it, the contractor was not liable to the owner for attorney’s fees in the owner’s breach of contract lawsuit…