John S. Higgins and Bonnie Lee Wolf – November 14, 2012 On September 28, 2012, the Ohio Revised Code 2305.06 was amended to reduce the statute of limitations from 15 years to 8 years. In the past, a contracting party had 15 years to file suit for breach of a written contract. For those in… Continue reading Construction Trades find Protection in Shortened Statute of Limitations
Category: Construction Contracts
Understanding Arbitration Clauses In Contracts – Litigation, Mediation & Arbitration – United States
Sally Rogers Culley – November 14, 2012 Contractual agreements often include clauses that require arbitration should a dispute arise. Sally Culley, a partner with Rumberger, Kirk & Caldwell has encountered instances where arbitration clauses did not fully consider the scope of potential disputes, often resulting in unforeseen outcomes. Here, from a litigator’s perspective, Sally answers… Continue reading Understanding Arbitration Clauses In Contracts – Litigation, Mediation & Arbitration – United States
Top Five General Tips for All Construction Contracts
Spencer Wiegard – November 9, 2012 Over the past few days, I have found myself wading through the terms and conditions of a lengthy and complicated construction contract, while at the same time considering what topic I should write about. As I slogged through the legalese, I was reminded of a presentation that I gave… Continue reading Top Five General Tips for All Construction Contracts
One-Sided Construction Contracts and their Limitations | Construction Law Carolinas
Gregory L. Shelton – November 16, 2012 I. Introduction We attorneys often hammer home the importance of reviewing and negotiating solid construction contracts. Standard industry contracts offered by ConsensusDOCS, the American Institute of Architects, the Design Build Institute of America, and others, provide a good foundation for negotiations because they are reasonably fair and generally… Continue reading One-Sided Construction Contracts and their Limitations | Construction Law Carolinas
Owner’s Material Breach may Excuse Contractor from Obligation to Perform
Alston & Bird, LLP – September 12, 2012 When things go wrong on a construction project, parties often engage in a “you-breached-no-you-breached” scenario. In a recent Texas case, an owner and contractor both alleged the other party breached the contract first, thus excusing their own further performance. The owner, who was also the general contractor,… Continue reading Owner’s Material Breach may Excuse Contractor from Obligation to Perform