Transportation, Logistics and Distribution Stimulus Money Available
November 2008 |
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Bulletin on the next phase of
Ohio’s Jobs Stimulus Package, with $100
million in funding for logistics and distribution projects and $400 million for local infrastructure repair. |
Brickerconstructionlaw.com Newsletter -- November 2008
November 2008 |
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The fourth annual public owner issue
looks at identifying and shifting risk. |
Brickerconstructionlaw.com Newsletter -- October 2008
October 2008 |
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The October issue is the third annual municipalities issue. |
Ohio’s Prevailing Wage Law Guidelines for Public/Private Partnerships
September 2008 |
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Bulletin on newly released guidance from Ohio Governor Ted Strickland and the Ohio Department
of Commerce detailing the
administration’s goals in enforcing prevailing wage laws for public/private partnerships in Ohio. |
Sun or Shade? That is the (Zoning) Question
July 2008 |
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With increased federal and state incentives for
renewable energy initiatives, the connection between development and sustainability is becoming
a paramount issue and localities are responding
by examining their zoning codes to ensure they
are keeping pace with science and technology.
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Ohio Law Encourages Economic Development Through Investment in Key Industries
July 2008 |
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Green Strategies bulletin on Ohio House Bill 554, the state’s economic stimulus package, designed to create investments in key industries.
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Ohio’s Pay-to-Play Laws: 2006 Version Reinstated
June 2008 |
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The Franklin County Court
of Common Pleas has effectively reinstated Ohio’s old law regulating political contributions from contractors by striking down the strict revisions to Ohio’s pay-to-play laws. |
Brickerconstructionlaw.com Newsletter -- June 2008
June 2008 |
|
Announcing a new service available
to public owners: The Bricker & Eckler LLP Construction Document
System for small and mid-size projects,
providing
public owners with contract documents, training,
and key updates designed to comply with
changes in the law. |
New Ohio Law, House Bill 428: School Employee & Contractor Background Checks
June 2008 |
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Bulletin on Ohio H.B. 428, effective September
10, 2008, which relieves certain contractors from automatic background checks when working on
public school projects. |
Relocation of Overhead Utility Lines in Townships: Ohio House Bill 244
June 2008 |
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Discussion of Ohio Sub. H.B. 244, effective August 12, 2008, that protects both township trustees and utility line owners from liability arising from the relocation of those lines. |
Religious Land Use Law Could Affect Local Zoning Codes
May 2008 |
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Bulletin on the Religious Land
Use and Institutionalized Persons Act of 2000 and its impact on local land use regulations. |
Basics of Public Record Law: A Primer for Ohio Port Authorities
April 2008 |
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A brief outline of an Ohio port authority’s duties and obligations related to keeping records and responding to public records requests, and the specific exceptions
allowed for port authorities that are aimed
at allowing a port authority to undertake its authorized activities.
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Ohio Governor Ted Strickland Presents the “Building Ohio Jobs" Initiative
March 2008 |
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Bulletin on the "Building Ohio Jobs" initiative announced by Ohio Governor Strickland in his 2008 State-of-the-State Address. |
Ohio’s Pay-to-Play Laws: A Year-End Update
December 2007 |
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Article discussing recent developments related to the pending case challenging the constitutionality of HB 694, Ohio's strict campaign contribution law. |
Does Ohio Still Have a Pay-to-Play Law?
November/December 2007 |
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Reprint from Ohio Municipal Service on the status of Ohio's restrictive campaign contribution law at the end of 2007. |
Amended Substitute Senate Bill 117 Limits Municipalities’ Ability to Regulate Video Franchises
November/December 2007 |
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Reprint from Ohio Municipal Service on new a Ohio law that fundamentally alters the way municipalities may regulate wireline video service providers operating within their boundaries. |
Friendly "Promise" Can Hurt You Under New Public Records Law
November 2007 |
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Bulletin on Ohio H.B. 9 provision requiring a court to impose attorney fees when it orders the production of records if it also finds an unfulfilled promise by a public office to allow inspection or copying. |
Affirmative Action Program Verification Form Explained
October 2007 |
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Bulletin on compliance with the Ohio Affirmative Action Program Verification Form for all contractors and vendors that do business with the state or a political subdivision. |
An Update to Ohio’s Pay-to-Play Laws: What Every Local Official Needs to Know
September 2007 |
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September 2007 status report on the court, legislative and executive proceedings surrounding H.B. 694, Ohio’s pay-to-play law, and a series of frequently asked questions and answers about the law. |
Amended Substitute Senate Bill 117 – Ohio Video Franchise Legislation
August 2007 |
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Bulletin on new Ohio law that fundamentally alters the way municipalities may regulate wireline video service providers operating within their boundaries.
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When Recusal is Not the Answer: Ethical Considerations For New Appointees
August 2007 |
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Bulletin discussing when recusal is required and not required by public officials serving on public or private boards or commissions. |
PUCO Rules in Support of Municipal Control of Electric Services within Municipal Boundaries
August 2007 |
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Bulletin on a Public Utilities Commission of Ohio order affirming the constitutional
authority of home rule municipalities to
govern the provision of utility services within
their boundaries. |
Government Contractors Beware: Update of Ohio's Pay-to-Play Laws
July 2007 |
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Update on amendments to Ohio HB 694 and pending lawsuits and the ability of government contractors to make political contributions. |
When Recusal is Not the Answer: Ethical Considerations For New Appointees
July/August 2007 |
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Reprint from Ohio Municipal Service discussing when recusal is required and not required by public officials serving on public or private boards or commissions. |
Managing Conflicts of Interest By Government Lawyers
July/August 2007 |
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Reprint from Ohio Municipal Service on conflicts of government lawyers who represent other governmental entities. |
Long-Awaited Ohio Supreme Court Decision Enforces Contract Terms Despite Numerous Changes in Contract
May/June 2007 |
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Reprint from Ohio Municipal Service on the Ohio Supreme Court decision in Dugan & Meyers Constr. Co.
v. Ohio Dept. of Adm. Servs, affirming the notion
that unambiguous contract provisions will be enforced. |
Ohio General Assembly Adopts Various Amendments to House Bill 694
June 2007 |
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The recently passed Ohio House Bill 119, the state budget bill, contains several amendments to, and addresses a number of concerns raised since the passage of House Bill 694 which placed significant restrictions on political contributions by government contractors. |
Retroactive Application of House Bill 694 Prohibited by Court Ruling
June 2007 |
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Discussion of Ohio court case finding that retroactive application of House Bill 694, a law placing significant restrictions on political contributors who contract with the government, was not appropriate |
Recent Developments in Home Rule Authority
April 2007 |
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Update on court and legislative activity on concealed weapons and traffic cameras as they relate to municipal home rule. |
New Ethical Standards For State Government
March/April 2007 |
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Reprint from Ohio Municipal Service on Ohio Governor Strickland’s Executive Order 2007-01S setting new ethical standards for Ohio's state government employees. |
Money Blows In For Wind and Advanced Energy Technologies
March 2007 |
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Bulletin on Clean Renewable Energy Bonds, a tool to help pay for advanced energy projects. |
Ohio Supreme Court Rules That Improper Interest in a Contract By a Public Official Does Not Render Contract Void
February 2007 |
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Bulletin on February 2007 Ohio Supreme Court opinion holding that contracts issued in violation of R.C. 2921.42, prohibiting public officials from having an unlawful interest in a public contract, are not void |
Employment Bulletin: Are You Complying With the Ohio Anti-Terrorism Act?
February 2007 |
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Bulletin on the Ohio Declaration of Material Assistance/Non Assistance to a Terrorist Organization to be completed by all applicants for public employment, public contracts and some licenses. |
Ohio's New Pay-to-Play Laws: What Every Local Elected Official Needs to Know
January 2007 |
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Brief summary of Substitute House Bill 694, which enacts sweeping changes to Ohio's pay-to-play laws, focusing on those provisions that most directly impact local government officials. |
Public Records Legislation Requires Training
January 2007 |
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Bulletin on a new Ohio law establishing new procedures by which public agencies must respond to requests for public records. |
Government Contractors Beware: Political Contributions Could Cost You Business
January 2007 |
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Bulletin on the new Ohio law H.B. 694 severely limiting political contributions by government contractors. The bill was signed by the Governor on January 2, 2007. |
Supreme Court Again Rejects Application of Ohio Public Records Act
January 2007 |
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The Ohio Supreme Court recently revisited the new four-part test it announced in October of 2006 for determining whether a private entity is a public office for purposes of the Ohio Public Records Act. |
City of Cincinnati Lobbyist Registration Requirements
January 2007 |
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Bulletin on the City of Cincinnati requirement that all legislative agents and their employers register as lobbyists and file biannual statements reporting their ongoing lobbying activity. |
Sweeping Reforms Regarding Ohio Political Contributions
December 2006 |
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Sweeping new reforms to Ohio laws will impact any contractor or vendor who does business with the state or local governments. The Ohio General Assembly recently expanded Ohio's campaign finance laws and restrictions on contributions by government contractors. . . . |
Thompson Appeal Decided in Favor of MR/DD Boards
December 2006 |
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Bulletin on the decision of the Franklin Court of Appeal upholding county MR/DD boards role in administering the Medicaid waiver program, including through the use of service contracts. |
Ohio's Smoke Free Workplace Act: What Businesses Need to Know
November 2006 |
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Bulletin Ohio's new Smoke-Free Workplace Act, passed by the voters on November 7, 2006 and establishing a statewide smoking ban that applies to almost every public place and business. |
Ohio Supreme Court Sets New Test for Determining Whether a Private Entity is Subject to Public Records Laws
October 2006 |
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The Ohio Supreme Court recently announced a new standard for determining whether a private entity is a public institution for purposes of application of the public records law. |
Sixth Circuit Court of Appeals Upholds City’s Use of Tax Dollars to Defeat Referendum Election
September 2006 |
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Article discussing a 6th Circuit of Appeals decision confirming that an Ohio municipality could use its tax dollars and resources to defend its legislation against a referendum challenge. |
The 3Rs of Taxpayer Revolt: Reductions, Repeals & Removals
September 2006 |
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Paper presented at the Ohio School Boards Association Treasurer's Clinics on taxpayer revolts affecting property taxes and school board membership. |
City of Columbus Enacts Registration Requirements for Lobbyists
July 2006 |
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The City of Columbus now requires that all “Legislative Agents” register their affiliation with the city clerk. Initial registration is required by July 23, 2006. |
Improving Communities With Community Improvement Corporations
May/June 2006 |
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Discussion of the use of community improvement corporations to encourage and facilitate economic development. |
Ohio Launches Job Ready Site Program
March/April 2006 |
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Discussion of the State of Ohio's Job Ready Site Program to help fund and develop an inventory of job-ready sites around the state. |
Ohio Eminent Domain Task Force Status Update
May 2006 |
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Status report on the Ohio legislative task force's first report dealing with recommendations regarding eminent domain used to acquire private property for purely economic development purposes. |
Changes in Ohio Law Expand Local Government Emergency Borrowing Authority For Removal of Dead and Dying Ash Trees
May 2006 |
|
Article on Ohio legislation to permit local governments to borrow funds on an emergency basis for the removal of dead and dying ash trees infected by the emerald ash borer. |
Supreme Court Allows Conditions for the Continued Provision of Municipal Services and Allows Required Sewer Connections
March/April 2006 |
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Discussion of two key Ohio Supreme Court cases regarding annexation and the provision of services by a municipality to customers outside its boundaries. |
Status Update of Ohio Public Records Cases
April 2006 |
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Bulletin on two recent Ohio Supreme Court cases dealing with what constitutes a public record in Ohio and when release is proper. |
Status Update of Ohio Public Records Cases
March/April 2006 |
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Discussion of Ohio public records cases with an impact on municipalities. |
New Grant Program for State Money Assists in Developing New Sites in Ohio
March 2006 |
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Bulletin on the $150 million Ohio Job Ready Sites program, established as a means to help fund and develop an inventory of job-ready sites around the state. These job-ready sites will enable Ohio to attract and secure more business by having facilities ready for immediate use. |
Ohio General Assembly Limits Municipality Employee Residency Requirements
January/February 2006 |
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Discussion of new Ohio law, SB 82, which prohibits municipalities from imposing residency requirements on municipal employees. |
Challenges to Local Zoning Must Focus on the Ordinance
January/February 2006 |
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Article discussing an Ohio Supreme Court decision focusing on the ordinance, rather than the intended use of the property, in local zoning challenge. |
Election Reform Answers Public Concerns
February 2006 |
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The litigation, recounts, investigations and reviews of the 2004 presidential election ultimately revealed a less-than-perfect Ohio election process, but one which was not fatally flawed. This article summarizes Amended Substitute House Bill 3, passed on January 31, 2006, the Ohio General Assembly’s answer to meaningful election reform. |
Financing and Operating Community, Recreational and Park Facilities Through Joint Recreation Districts
November/December 2005 |
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Overview of the use of joint recreation disticts to fund community, recreation and park facilties. |
Status Report of Ohio Public Records Cases
October 2005 |
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What is and is not a public record in Ohio and available for disclosure has been the subject of several court cases. This report provides an update of pending and resolved cases. |
An Overview of Ohio Ethics Laws: A Corporate Guide for Entertaining Public Officials
September 2005 |
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The Bricker & Eckler government relations attorneys have prepared this bulletin as a compliance guide to the Ohio ethics laws on public official entertainment. |
Recent Decisions Affirm Use of Eminent Domain for Economic Development
August 2005 |
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Analysis of Ohio and U.S. Supreme Court decisions on use of eminent domain for economic development, including Kelo v. New London. |
Statewide Ballot Issues: Is Ohio the Next California?
May 2005 |
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Bulletin on the use of statewide ballot issues, what they are, and how they have been used in Ohio in past and what is expected in future. |
Securities Laws Do Matter
February 2005 |
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Discussion of disclosure requirements and duties of municipal officials to municipal bond investors. |
Campaign Finance Legislation: Am. Sub. H.B. 1
January 2005 |
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Analysis of Ohio Am. Sub. H.B. 1 which contains significant reforms changing a number of Ohio’s campaign finance laws and is effective March 31, 2005. |
Six Steps to Avoiding Construction Claims
September/October 2004 |
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Six steps to increase your chances of avoiding construction claims. |
Design-Build Can Save Charter Cities Money and Time on Construction Projects
November/December 2004 |
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Article discussing the design-build construction process used to save time and money. |
Finley's Ohio Municipal Service: What Employers Need to Know About the New Wage and Hour Regulations
November/December 2004 |
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Article discussing new regulations concerning the exempt status of certain executive, administrative, professional and other "white-collar" employees under the Fair Labor Standards Act. |
ohioconstructionlaw.com Newsletter - September 2004
September 2004 |
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The September issue looks at design-build system for some public projects. |
Cooperative Economic Development Made Easy With JEDDs and CEDAs
July/August 2004 |
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Discussion of how a Joint Ecomonic Development District or a Cooperative Economic Development Agreement can assist municipalities and surrounding townships and counties. |
Port Authorities: How Can They Add Value to a Municipality?
May/June 2004 |
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Article discussing how the creation of a port authority can add value to a municipality. |
Special Assessments as a Tool for Economic Development
March/April 2004 |
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Article discussing how, through the use of special assessments, municipalities can offer real estate developers incentives to undertake new projects. |
New Community Districts Provide Opportunities to Finance Infrastructure Improvements
February 2004 |
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Primer on how new community districts can provide opportunities to finance infrastructure improvements to stimulate economic development. |
Key Points on Conceal and Carry For Municipalities
January/February 2004 |
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Primer for municipalities on key points of the Ohio "conceal and carry" gun law. |
Reverse Internet Auctions: A Better Way To Buy?
November/December 2003 |
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Primer on reverse internet auctions and whether they make sense for government procurement. |
New Law Prohibits the Award of Public Contracts to Delinquent Vendors
November/December 2003 |
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Analysis of January 2004 Ohio law prohibiting public agencies from awarding contracts to delinquent vendors. |
ohioconstructionlaw.com Newsletter - December 2003
December 2003 |
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This final issue for 2003 focuses on public construction projects. |
New Retire/Rehire Rules Apply to Municipal Employees
November/December 2003 |
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Analysis of Ohio law with new requirements for the re-employment of retired public employees in the same positions from which they retired.
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Fiduciary Duties of Public Board Members
September/October 2003 |
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Primer on the fiduciary duties in Ohio of public board members. |
Don't Let Your "TIF" Cause a "Tiff"
July/August 2003 |
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Primer on tax increment financing, an economic development tool. |
Homeland Security: Implications for Local Governments
May/June 2003 |
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Primer on financial resources and technical assistance available to local governments for homeland security. |
ohioconstructionlaw.com - May 2003
May 2003 |
|
This month's issue discusses how public owners can construct (or reconstruct) more secure buildings; Holman, Gillis & Wampler on Construction Documents; a legislative and judicial update; upcoming seminars and events; OSHA Update |
Properly Negotiated Agreements Are Key to Successful Local Government Collaborations
March/April 2003 |
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Primer to assist local governments on the governing laws and common concerns that arise during collaboration negotiations.
|
Lease-Purchase Arrangements Provide Creative Options for Capital Asset Financing
January/February 2003 |
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Primer providing general overview of lease-purchase arrangements and the pros and cons of such structures. |
ohioconstructionlaw.com Newsletter - December 2002
December 2002 |
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This issue continues to focus on bidding with a look at quality contracting criteria; Holman, Gillis, & Wampler on Construction Documents; a legislative and judicial update; upcoming seminars and events, OSHA Corner |
ohioconstructionlaw.com Newsletter - November 2002
November 2002 |
|
This issue presents an analysis of the appellate court reversal of the Monarch decision on public bidding; an article on understanding the differences in financial statements by Bradford Eldridge CPA; a discussion of the process of resolving claims as required in AIA
Document A201-1997, the General Conditions. |
ohioconstructionlaw.com Newsletter - October 2002
October 2002 |
|
This issue includes a discussion of Governor Taft's new program to get drugs and drug-related problems off state construction sites; school construction roundtable; a legislative and judicial update; upcoming seminars and events, OSHA Corner |
ohioconstructionlaw.com Newsletter -- July 2002
July 2002 |
|
This issue includes a lead article entitled "Evaluating Bidders After Monarch -- Is it a New Ball Game?;" Holman, Gillis, & Wampler on Construction Documents; a legislative and judicial update; upcoming seminars and events, OSHA Corner
|
ohioconstructionlaw Newsletter -- November 2001
November 2001 |
|
This issue introduces a new concept in public contracting; an article on the effect of the insurance downturn on availability and value of surety bonds; an article on property insurance under the AIA documents; legislative and judicial highlights; and a calendar of events. |
ohioconstructionlaw.com Newsletter -- September 2000
September 2000 |
|
This issue includes a lead story on The "Urgent Necessity" Option-A Possible Solution When Bids for Some Public Projects Exceed the Pre-bid Estimate; "Holman & Gillis on Construction Documents" focuses on joinder requirements in arbitration clauses; brief synopses of recent court decisions; brief summaries of pending legislation; and a seminar schedule |