Susan White | Frantz Ward A recent case out of Hamilton County, Ohio, Mt. Pleasant Blacktopping Co., Inc. v. Inverness Grp., Inc. (1st Dist.), 2025-Ohio-284, addressed an often-overlooked contracting issue: who bears ultimate responsibility for regulatory compliance when completed work fails to secure governmental approval? Background Facts Trial Court Decision During the bench trial, MPB argued that… Continue reading Who Bears the Risk of Regulatory Change? Ohio Court Weighs In
Tag: Construction Contract
Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects
Rick Zieglowsky | American Arbitration Association Construction projects today involve increasing complexity, leading to more frequent and intricate disputes. To avoid costly litigation and secure a decision-maker with industry expertise, many in the construction industry turn to alternative dispute resolution (ADR), with the first critical step being the drafting of an effective ADR clause. Effective… Continue reading Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects
Contingent Payment Clause Held Unenforceable Due to Unfairness
Amy Wolfshohl | Porter Hedges Contingent payment clauses are often used in connection with contracts between general contractors and subcontractors or subcontractors and lower tiered subcontractors. Essentially, this type of clause provides that a general contractor does not owe a subcontractor unless the owner has paid the general contractor for the amounts due to the… Continue reading Contingent Payment Clause Held Unenforceable Due to Unfairness
OP-ED: Pros and Cons of Arbitration Clauses in Construction Contracts
Amanda Kohls and Tab Wood | Schwabe, Williamson & Wyatt Mandatory arbitration clauses are increasingly common in construction contracts. Arbitration, sometimes referred to as “trial-light,” is a judicial process where an arbitrator (usually a lawyer or a former judge) receives evidence, hears from witnesses, and makes a binding decision resolving the dispute. Before signing a… Continue reading OP-ED: Pros and Cons of Arbitration Clauses in Construction Contracts
No Construction Contract is Standard — Terms Matter
C. Andrew Gibson | Stoel Rives In 20-plus years of navigating construction contract negotiations and disputes, I have reviewed for clients a number of terms overlooked at signing that carry significant importance when a dispute arises: materials warranties limited to replacement costs (no tear-out, no install) and a 60-day notice period; limitations of liability clauses… Continue reading No Construction Contract is Standard — Terms Matter