Construction Law Updates and Newsletters

Law Bulletins:

Taft’s Construction attorneys analyze and publish the latest insights, news, and trends shaping the construction and building industry.

• Prefab Construction in a Post-Pandemic World (6/24/21)

• Consequential Damages: Is Your Waiver “Inconsequential” (5/19/2021)
• It’s My Construction Contract, I Can Arbitrate Where I Want (4/19/2021)
• Design for Manufacturing and Assembly in Construction (3/22/2021)
• Power Project Development: Aligning the EPC Agreement and Power Purchase Agreement (2/15/2021)
• You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims (1/15/2021)
• Proactive Measures to Avoid and/or Mitigate Exposure to Construction Impacts Arising From COVID-19 (3/19/2020)
• Mechanics’ Lien Law and Work Performed on Optical Networks (4/1/2019)
• Don’t Run Out of Time to Run to the Courthouse: Understand the Statutes of Limitation Applicable to Construction Litigation (3/15/2019)
• Avoiding the Death Penalty in Performance-Based Design: The Evolution of Performance-Based Codes (1/30/2019)
• Making the NLRB Great Again (Part 3)  (1/15/2019)
• Know Your Data – Win Your Case (12/4/2018)
• Understanding the “Correction Period” in Ohio Construction Contracts (11/6/2018)
• Ohio Supreme Court Guts Construction Insurance Protection (10/16/2018)
• The Limits of No Damages for Delay Clauses in Ohio (10/2/2018)
• Subcontractors: Do You Know What You Signed Up For? (9/10/2018)
• Contractors/Owners: Watch What You Say When a Dispute Arises (8/14/2018)
• Successful Assertion of a Professional Liability Claim (7/25/2018)
• Construction Price Escalations: How Not to Be Left Holding the Bag (7/2/2018)
• Legal Issues Surrounding Green Building (6/6/2018)
• Federal Guidance for Security Design and Campus Safety for Colleges and Universities (5/29/2018)
• Sixth Circuit Allows Cincinnati to Impose Benefits Requirements on Bidders for City Projects (4/23/18)
• A Contractor’s Survival Guide to Getting Paid (4/13/18)
• Contractors: Pause and Think Before You Hit That Send Button (3/26/18)
• Home Construction Service Contractors: Beware of the Home Solicitation Sales Act (3/7/18)
• Key Tips for Contractors to Communicate Construction Issues (2/22/18)
• January 2018 Construction Newsletter
  • Mechanics Liens: Don’t Throw in the Kitchen Sink – Alternative Facts Won’t Get the Job Done. (1/17/2018)
  • Making the NLRB Great Again (Part 2) (1/17/2018)
  • Oversight of Ohio’s Asbestos Program Transferred to Ohio EPA (1/17/2018)
• November 2017 Construction Newsletter
  • The Paradigm Shift on Risk in Construction (11/7/2017)
  • Don’t Get Caught Assuming Construction Site Safety Obligations You Did Not Bargain For (11/7/2017)
• A Cautionary Tale for Sureties Pursuing Equitable Subrogation Claims 7/18/2017
• Validation of Integrated Project Delivery (7/18/2017)
• Commercial General Liability Policies in the Construction Industry: Ohio Moves to the Norm (4/26/2017)
• So You Think You Are Protected: Following Ohio’s Mechanic’s Lien Statute May Not Provide the Security You Need (3/21/2017)
• Making the NLRB Great Again? (3/21/2017)
• Prompt Pay Act: Great Asset For Subs, Major Danger For General Contractors (1/30/2017)
• October 2016 Construction Newsletter 
  • You’ve Been Hacked and You Have No Cyber Insurance? (10/4/2016)
  • Ohio Statute Prohibits Public Authorities From Requiring Contractors to Hire as Laborers Individuals Resident in the Public Authority’s Jurisdiction (10/4/2016)
• February 2016 Construction Newsletter
  • The Perils of Liquidation (2/15/2016)
  • Ouch! Contractor’s Claim Rejected For Untimely Notice (2/15/2016)
• November 2015 Construction Newsletter
  • Contractor Payments: Take the Money and Run, Even if the Bankruptcy Trustee Later Comes Calling (10/28/2015)
  • OSHA’s New Regulation on Confined Spaces in Construction (10/28/2015)
• Strategic Considerations for Pay-If-Paid Provisions in Ohio (7/2/2015)
• Illinois Mechanics Lien Act to Allow Substitution of Bond for Property as Security for Payment of Claims (7/2/2015)
• If the NLRB Had No Quorum, Did the Union Really Win the Election? (3/23/2015)
• Watch Out for the Economic Loss Rule (3/17/2015)
• February 2015 Construction Newsletter
  • What Difference Does It Make? Pay If Paid vs. Pay When Paid (2/16/2015)
  • Ohio’s Prompt Payment Act Revisited (2/16/2015)
• October 2014 Construction Newsletter
  • Navigating the Illinois Anti-Indemnity Statute and Case Law (10/1/2014)
  • What’s Up With AIA Contract Documents? (10/1/2014)
• June 2014 Construction Newsletter
  • EPA and Army Corps Issue Proposed Rule Defining the Scope of Waters Protected Under the Clean Water Act (6/30/2014)
  • Withholding Payment – Risking Liability for a Lien Claimant’s Attorney’s Fees in Illinois (6/30/2014)
• Construction Innovations Yield Tax Benefits (6/30/2014)
• Dot Your I’s and Cross Your T’s on Ohio’s Prompt Pay Act (4/4/2014)
• New Developments in Deferral of Income for Home Builders (3/19/2014)
• December 2013 Construction Newsletter
• Recent Ohio Court Ruling Supports Broad Interpretation of Construction Flow-Down Provisions (6/18/2013)
• Public Project Construction Managers Beware: New Project Delivery Methods May Alter Perception of the Role Played by Construction Manager-Advisors 6/17/2013
• A Defense To Liquidated Damages: Owner Failure To Provide Timely Notice Of Claim (6/17/2013)
• EPA Announces Proposed Rule on Effluent Limitations Guidelines and Standards for Construction and Development Point Sources (4/4/2013)
• If the NLRB Lacked a Quorum, Did 2012 Really Happen? (3/11/2013)
• Mechanic Lien Priority (2/22/2013)
• June 2012 Construction Newsletter
  • Recent Court Ruling Continues Trend of Strict Interpretation of Public Construction Contracts To The Detriment of Contractors (6/14/2012)
  • Construction Contract Notice of Claim Provisions are Generally Strictly Enforced in Ohio (6/14/2012)
• Quorum Call: NLRB’s New Election Rules Struck Down (5/15/2012)
• May 2012 Construction Newsletter
  • Should Sureties Be Required To Arbitrate Disputes From Bonded Contracts Containing Arbitration Clauses? (5/3/2012)
  • Ohio Public Contracting Reform Comes Alive: First projects are taking advantage of the new project delivery methods (5/3/2012)
• March 2012 Construction Newsletter
  • Ohio Court Rules: No Liability Insurance Coverage For Damage To Any Of Insured Contractor’s Own Work (3/15/2012)
  • US EPA Reissues and Replaces 2008 Stormwater Construction General Permit For Five Year Term (3/5/2012)
• New Proposed Surety Bond Requirements on Ohio Public Projects (11/22/2011)
• Quorum Call: Will the NLRB Continue to Function After 2011? (11/22/2011)
• Contractor Basics: Claims Recognition and Documentation (11/22/2011)
• Beware of an Insurer’s Reservation of the Right to Recoup Defense Costs (10/17/2011)
• Beware Of “Loss In Progress” Exclusions To Insurance Coverage (9/21/2011)
• Understanding The Change Order Process: Strategies To Avoid Waiving Rights To Payment For Additional Work (9/21/2011)
• Be Careful With Certificates Of Insurance On Construction Projects (9/21/2011)
• When Does A General Contractor Have Insurance Coverage For Damage Caused By Defective Materials From Its Supplier? (8/18/2011)
• Mechanic’s Lien Claimants Prevail Over Lender’s Attempt to Circumvent Their Statutory Priority (8/18/2011)
• NLRB Proposed New Election Rules Favoring Unions (8/18/2011)
• Modest Prevailing Wage Changes Included in Ohio Budget Bill (7/20/2011)
• New Contracting Methods Available in Ohio Soon (7/20/2011)
• Affirmative Action and the OFCCP: Increasing Burdens for Federal Contractors (7/14/2011)
• Insurance Coverage for Construction Defects (7/14/2011)
• State and Local Government Money Available (6/16/2011)
• “Pay-If-Paid” Clause Enforced In Favor Of Surety (6/16/2011)
• 203(k) Loans: A Helping Hand in Buying Foreclosed Homes (5/6/2011)
• Multiple Prime Contracting, Prevailing Wage Rules Targeted by Ohio Governor’s Proposed Budget (5/6/2011)
• EPA Extends Deadline for and Proposes to Amend NPDES Construction General Permit (5/2/2011)
• Green Building: Risks as Well as Rewards (4/13/2011)
• Public Bidding and “Responsible” Bidders (4/13/2011)