On June 11, Governor Kasich signed Amended Substitute House Bill 487 (titled Mid-Biennium Review Management Efficiency Plan) into law. HB 487 provides, in part, for the elimination of the State Architect’s office and the creation of a new Ohio Facilities Construction Commission (“OFCC”). The State Architect’s office was formed almost a century for the purpose of building and maintaining Ohio’s canals and transportation system. With the passage of HB 487, the State Architect’s office will be subsumed under the OFCC whose role will be to administer the design and construction of improvements to public facilities of the State of Ohio.Read More ›
APPELLATE COURT REVERSES TRIAL COURT’S SUMMARY JUDGMENT, FINDING CLAUSE NOT ELIGIBLE FOR PAY-IF-PAID TREATMENT
In Evans, Mechwart, Hambleton & Tilton, Inc. v. Triad Architects, LTD, 2011-Ohio-4979 (10th District), the Tenth District Court of Appeals in Ohio examined a payment clause in a construction contract and determined that summary judgment rendered for an architect should be reversed and, instead, judgment entered in favor its sub-consultant. The court rejected the lower court's determination that the clause imposed a condition precedent for payment and found, to the contrary, that it was a pay-when-paid clause as opposed to a pay-if-paid clause. The court held that the appropriate language had not been used to transfer the risk of non-payment downstream to the sub-consultant. Read More ›
A recent decision by the Sixth District Ohio Court of Appeals suggests that there may be instances where a bank loan officer’s statements to a contractor may create liability for the bank to the contractor. In Advantage Renovations, Inc. v. Maui Sands Resort, Co. LLC, et al., 2012-Ohio-1866, 2012 WL 1493826 (Ohio App. 6 Dist.), a general contractor, Mosser Construction Inc., was hired for the construction of a $17.4 Million complex in Sandusky, Ohio. Mosser asserted claims against a bank financing the project, Charter One, for breach of contract, promissory estoppel, negligent misrepresentation and unjust enrichment. Read More ›
On April 23, 2012 Kentucky and Indiana both released their “short lists” for each respective portion of the Ohio River Bridges Project in Louisville, Kentucky. The Kentucky Transportation Cabinet, charged with construction of the Interstate 65 Bridge in Downtown Louisville, trimmed its list of five prospective design-build firms to three. The design-build teams who will move forward into the RFP in stage in Kentucky include: Read More ›
While LEED guidelines have been used for “vertical” building construction for several years, the LEED guidelines are not easily adapted to “horizontal” infrastructure projects. As a result, members of the construction industry have been working on developing “green” and sustainable construction principles for infrastructure projects with the hope of increasing overall environmental awareness and sustainable construction practices. Read More ›
On Friday, April 13, the Indiana Finance Authority disclosed information concerning the six consortiums that responded to its request for Statements of Qualifications concerning the IFA’s bridge across the Ohio River to be constructed just east of Downtown Louisville. The statements were submitted earlier in the week, on April 9th. The IFA is currently scheduled to narrow the list to three of four candidates on or about April 23rd, who will respond to a formal RFP to finance, design and construct the (estimated) $1.3 billion bridge under an “Availability”/P3 procurement arrangement. Read More ›
The Kentucky Transportation Cabinet Announces Postponement of "Short List" Of Design Build Candidates
The Kentucky Transportation Cabinet announced today that it has postponed the announcement of its “short list” of design-build candidates for Kentucky’s new estimated $1.3 billion downtown bridge that was previously scheduled for yesterday. Read More ›
Ohio Construction Reform Recently Released the Final Construction Manager at Risk Documents Available for Public Projects in Ohio
Craig Weise, Ohio Construction Reform Program Director, recently released the final Construction Manager at Risk documents available for public projects in Ohio. Read More ›
The Ohio Department of Administrative Services (DAS) has developed a protocol for implementing building information modeling (BIM) techniques on public projects.
The Ohio Department of Administrative Services (DAS) has developed a protocol for implementing building information modeling (BIM) techniques on public projects. Read More ›
Attention home builders! On March 14, 2012 the Ohio Supreme Court Held That A Home Builder’s Duty To Construct A House In A Workmanlike Manner...
Attention home builders! On March 14, 2012 the Ohio Supreme Court held that a home builder’s duty to construct a house in a workmanlike manner usingordinary care is a duty imposed by law, and a home buyer’s right to enforce that duty cannot be waived by contract. Read More ›
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C. Michael Shull, III focuses his practice on construction law and litigation. Michael's client representations range from casinos and ENR Top 400 contractors to design firms and subcontractors.