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…

Court affirms finding that construction contract was modified by conduct.

Contracts 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.

The 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…