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In a landmark decision, the Fifth District Court of Appeals (Tuscarawas County) issued its opinion that Ohio’s Statute of Repose ends all rights to sue architects after ten years from the date of substantial completion. The Court held that this law bars actions both in…
A subcontractor paid federal Davis-Bacon wage rates on a federally-funded project, but was found liable for the difference to state Prevailing Wages. Lake County owned a housing project, specifying state prevailing wages to be paid. Upon the subcontractor’s final pay application, the County refused to…
The Franklin County Court of Appeals has upheld the enforcement of Ohio’s 20-point test, to determine whether a contractor must pay unemployment compensation premiums for employees misclassified as an independent contractor. The State audited a construction contractor which was performing its labor using independent contractors….
In a split decision, an appellate court has ruled that a contractor cannot enforce a mechanics’ lien when Ohio’s statute of frauds invalidates the underlying contract. The contractor contended that he entered into an oral agreement with two homeowners to maintain a vacant lot, provided…
The Court of Appeals for Cuyahoga County has denied a company from adding new evidence in its appeal of the Ohio Department of Developmental Disabilities’ revocation of its certificate to provide non-medical transportation services to individuals. The Department cited the provider company in 2012 and…
A Court of Appeals ruled that a contractor may recover proven damages, even though the initial claim was for less than the court ultimately awarded. An electrical contractor experienced impact damages when the general contractor repeatedly missed deadlines for temporary building enclosure. The electrical contractor…
In a precedent-setting decision, the Ohio Supreme Court held that the Public Utilities Commission of Ohio failed to enforce Ohio’s Corporate Separation Plan Statute by allowing a utility to offer non-utility electrical services in a competitive market. A provider of competitive retail electric service challenged…
Defaulting Contractor Entitled to Quantum Meruit The Trumbull County Court of Appeals has found that a defaulting contractor still may collect the net value of work installed, under the equitable doctrine of quantum meruit. In the case, a homeowner terminated the construction contractor’s work “after…
Federal agencies in Ohio announced several new construction projects specifically with prime contracts for the specialty trades. The federal government is seeking contractors for the following projects: Solar Panel Installation, Federal facilities in Monclova and Whitehall, Ohio, $1 to $5 million. Chiller replacement in VA…
A court dismissed a lengthy dispute over a conditional use permit because the construction at issue already was built while the party complaining was litigating. Local residents objected to a planned use permit issued by the local Planning Commission for construction of a parking lot….