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Category Archives: Construction Related Issues

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Ohio Leads Nation in Construction Job Growth

Posted in Construction Related Issues
Ohio added 4,000 new construction jobs in December, leading the country in gains for the month according to an analysis of Labor Department data released by The Associated General Contractors of America (“AGC”) last week. The AGC’s analysis noted that construction firms added jobs in 34 states last year, but industry employment declined in 32 … Continue Reading

Cranes over Cleveland

Posted in Construction Related Issues
From the standpoint of a construction lawyer, there is no prettier site than construction cranes in the air.  Cleveland has seen its share over the last year, more so than since the mid-1990s when the Rock Hall, Gateway sports arenas and Science Center were constructed within a short span. During the prior four months of … Continue Reading

Fast Track Construction!

Posted in Construction Related Issues
  Thanks to our partner, Eric Robbins, Chair of our Intellectual Property Group for bringing this video to our attention.  As an engineer at heart Eric thought that our readers involved in development and construction  will find this time lapse video facinating.  Watch as a hotel is constructed in China in 30 days !  While … Continue Reading

Five Points to Consider When Leasing Construction Equipment

Posted in Construction Related Issues, General Business Issues, General Legal Issues, Leasing Issues
    As the construction industry starts to rebound from a down market, rentals of project equipment are on the rise. Whether you are an owner, principal contractor, or specialty trade subcontractor, you may very well be renting equipment for use on an upcoming project. Here are five important points to bear in mind:   … Continue Reading

Reminder: Statutes Require Residential Builders to Provide Certain Notice to Home Buyers

Posted in Construction Related Issues, Legislative Update
Ohio and Kentucky statutes require residential builders to provide certain notice to home buyers.  While there is no new law on this, the construction attorneys of Ulmer & Berne LLP have seen this issue come to light many times this past year; thus, prompting this refresher alert on Ohio and Kentucky notice statutes. Both Ohio and … Continue Reading

Ohio Public Construction Reform – Update

Posted in Construction Related Issues, Legislative Update
      New rules promulgated under Ohio’s Public Construction Reform (the “Reform”) have been released by the Joint Committee on Agency Rule Review.  The new rules include:   (1) Rules for Prequalification of Prospective Bidders on Subcontracts; (2) Rules for Best Value Selection of Construction Manager and Design-Build firms; and (3) Rules for the Form … Continue Reading

Ohio’s Public Construction Reform to Take Effect, In Part, September 28, 2011

Posted in Construction Related Issues, Legislative Update
The Ohio Legislature passed House Bill 153 on May 5, 2011. H.B. 153—a budget bill—which includes significant changes for Ohio’s public construction projects. Some changes will become effective on September 28, 2011, but others are forecast to become effective in early 2012. As such, we will have to wait a while longer to experience the full effect … Continue Reading

Modular Construction

Posted in Construction Related Issues, Development Issues, Real Estate Tools
Has modular construction finally come of age ?  The Modular Building Institute thinks so.  Modular construction is no longer just for preparation of walls and roof joists.  Today, contractors are using prefabrication and preassembly in construction of steel framed structures, multi-story structures, health care and education facilities.  The benefits of modular construction positively affects:   … Continue Reading

Optimists Unite!

Posted in Construction Related Issues, General Business Issues
The Associated General Contractors of America’s and Navigant’s recent industry-wide survey "Finds More Construction Firms Plan to Hire than Lay Off in 2011."  Read the AGC article with more links to state-specific data for the industry-wide Survey.  Included are numbers for Illinois and Ohio.  Survey results in both Illinois and Ohio indicate that the construction market should begin to grow again in … Continue Reading

Chinese Drywall Developments

Posted in Construction Related Issues, Environmental Issues
To follow up on a series of prior posts, the Internal Revenue Service will now allow taxpayers with defective drywall to deduct the cost of repairs and replacement of damaged appliances in the year in which the loss occurred.  In Revenue Procedure 2010-36, the IRS has, however, imposed certain restrictions which include that the losses … Continue Reading

Necessity for Fair Housing Act Compliance Amplified by Recent Court Rulings

Posted in Construction Related Issues, Legislative Update, Litigation Issues, Real Estate Tools
The Situation: Certain covered dwellings that are not designed or constructed in strict compliance with the Fair Housing Act are increasingly subject to suit, with strict liability befalling developers, designers, and contractors alike.  In fact, contractors are strictly liable for FHA violations even if they correctly follow a designer’s noncompliant drawings.  Further, courts across America are … Continue Reading

Get Informed: Green Building is Here to Stay

Posted in Construction Related Issues, Environmental Issues, Green Energy Issues, Real Estate Tools
Green building is quickly becoming the "norm" across America, and those who are not familiar with it could be missing important opportunities in today’s construction climate.  The United States Green Building Council ("USGBC") is a non-profit community of leaders working to make green buildings available to everyone.   USGBC developed the Leadership in Energy and Environmental … Continue Reading

Necessity for Fair Housing Act Compliance Amplified by Recent Court Rulings

Posted in Construction Related Issues, Legislative Update
 The Situation: Certain covered dwellings that are not designed or constructed in strict compliance with the Fair Housing Act are increasingly subject to suit, with strict liability befalling developers, designers, and contractors alike.  In fact, contractors are strictly liable for FHA violations even if they correctly follow a designer’s noncompliant drawings.  Further, courts across America are … Continue Reading

Performance and Payment Bond for Public Project Deemed Discretionary

Posted in Construction Related Issues, Development Issues, Litigation Issues
In the much-publicized "Kenwood Towne Place" litigation in Cincinnati, which involves over $40MM in lien claims, presiding Judge Beth Myers issued a Decision and Entry that disposed of subcontractor claims against the Port Authority of Greater Cincinnati (the Public Authority involved with the project).  The Court dismissed the subcontractors’ claims for takings and negligence.  One aspect … Continue Reading

New “Green” Landscape Ratings Established

Posted in Construction Related Issues, Development, Environmental Issues, Retail Industry Issues
The Leadership in Energy and Environmental Design (LEED) certification by the U.S. Green Building Council is a certification program for the design, construction and operation of commercial and residential “green” buildings. Although the LEED certification program includes a neighborhood design component, one area not specifically addressed by LEED is landscape design. In an effort to establish a … Continue Reading

Developing an EXIT (Sign) Strategy

Posted in Construction Related Issues, Environmental Issues
That EXIT sign illuminating over the door could contain a radioactive gas called tritium, subjecting it to regulation by the Nuclear Regulatory Commission (NRC) or one of the Agreement States. The Agreement States have assumed limited regulatory jurisdiction over the use of radioactive materials.   NRC estimates that more than 2 million tritium EXIT signs … Continue Reading

Chinese Drywall Has Damaged Their Homes and Health, Some U.S. Homeowners Claim, but Can They Make the Chinese Manufacturers Pay?

Posted in Construction Related Issues, Environmental Issues, Legislative Update, Retail Industry Issues
We have been following the continuing saga of the homeowners affected by Chinese drywall used mainly throughout Florida, Louisiana and Virginia when U.S. supplies ran low. According to affected homeowners, the Chinese drywall emits a gas that causes health problems such as headaches and nosebleeds, erodes metal and electrical fixtures, and leaves a foul rotten egg … Continue Reading

Congress Introduces Chinese Drywall Legislation

Posted in Construction Related Issues, International, Legislative Update
Congress has recently introduced a number of measures in response to the problems caused by defective drywall imported from China. Both the House and Senate introduced identical bills titled the Drywall Safety Act of 2009 (H.R. 1977; S. 739), which, if enacted, would require the U.S. Consumer Product Safety Counsel to study at least ten samples … Continue Reading

Another ASTM Standard Satisfies All Appropriate Inquiries under CERCLA

Posted in Construction Related Issues, Environmental Issues, Legislative Update
US EPA has amended the Standards and Practices for All Appropriate Inquiries (“AAI”) to acknowledge another ASTM standard can be used to satisfy the AAI requirement for the landowner defenses to liability under Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) – innocent landowners, bona fide prospective purchasers, and continuous property owners. In addition to ASTM … Continue Reading

Lien on Me: Strategies for Resolving Mechanics’ Lien Claims

Posted in Construction Related Issues, Litigation Issues, Real Estate Tools
A mechanics’ lien claim can give the contractor, subcontractor or material supplier making the claim a significant amount of leverage over a property owner in a payment dispute. This makes sense, of course, because the concept behind mechanics’ lien law is to provide some assurance that people will receive payment for work and materials they provide … Continue Reading

Lawsuits Begin over Defective Chinese Drywall

Posted in Construction Related Issues, Environmental Issues
Imagine purchasing a brand new home, only to discover it has a persistent rotten egg smell. On top of that, your new appliances mysteriously stop working and the home’s copper wiring turns black. It sounds like a nightmare, but for those in Florida and other southern states whose homes contain defective Chinese drywall, it is reality. Although … Continue Reading
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