The April 2006 ohioconstructionlaw.com Newsletter

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Special Issue for Municipalities 
Looks at Changes in Building Codes,
New Restrictions on Public Contracts

This month, we kept the Mayor busy. The Mayor of Obetz, that is. Our own Rod Davisson was the perfect choice to write the lead article for our First Annual Municipalities issue. So, on the theory that you can’t have too much of a good thing, we got Rod to write two lead articles: 

1. “New Residential Code Takes Effect May 27—Is Your Municipality Prepared?” and 
2. “State, Political Subdivisions Must Check for Ties to Terrorists Before Contracting, Hiring, or Licensing.”

Both articles deal with topics of interest to municipalities and those who deal with them, so be sure to see what Rod has to say about these latest developments. 

Several of the cases summarized in this month’s “What the Courts Are Saying” may also attract the attention of our municipality-based readers. The first case, for instance, explains what it takes to make a redevelopment project into a “public improvement,” even when its nominal owner is not a public entity. Other cases look at a unanimous Ohio Supreme Court decision on a VSSR case we saw last year, when the Court of Appeals ruled on it, consider who might be responsible for a failure to pay prevailing wage, and deal with a claim that a county should have saved money by splitting out a sanitary sewer contract from a road improvement project. The column ends with a federal decision of note from the Northern District of Ohio earlier this month. The topic? Delayed notice of delay damages.

A topic we’ve touched on before takes up the Construction Documents column this month: justification for an owner to withhold payments under various standard contracts. In the past, we told you what the AIA General Conditions said about this; this month, guest author Chris McCloskey looks at the comparable provisions in the EJCDC and AGC standard contracts.

Our occasional Indoor Air Quality column makes an appearance this month and presents “Mold—The ‘Next Asbestos’?” Columnist David Riddle discusses a couple of recent mold cases out of Ohio. Both of our “Corner” columns follow that, first OSHA Corner and then the ADR Corner. Sam Wampler investigates a very recent Court of Appeals decision (April 13) on whether a mediator can be called to testify in a court case about what was said at the mediation.

Finally, you’ll find our listing of Upcoming Seminars and a few announcements about them, too. We hope this, our 75th edition, has plenty to offer everyone, including some especially pertinent materials for municipalities.

Index to April 2006 ohioconstructionlaw.com Newsletter

Feature Articles

New Residential Code Takes Effect May 27 - Is Your Municipality Prepared?
Changes take place next month that affect residential construction in Ohio. The previous session of the General Assembly enacted House Bill 175 and decided that, effective May 27th, there will be a statewide building code for Ohio that may impact all municipalities. Who better to tell you about it than Rod Davisson, who—in addition to his duties in the Bricker Construction Department—serves as the Mayor of Obetz, Ohio?

State and Political Subdivisions Required To Check for Terrorist Ties Before Contracting, Hiring, or Licensing
Ohio Legislators recently took another step toward fighting terrorism, and this one will affect almost all governmental entities in Ohio. Beginning April 14, 2006, The “Ohio Terrorism Act” prohibits the state and any of its political subdivisions from doing business with, or providing funding to, any person, group or company that “provides material assistance to” any organization listed on the “United States Department of State Terrorist Exclusion List."

Monthly Columns

What the Legislators Are Considering
Now you can link to information on pending legislation of particular interest, updated daily.

What the Courts Are Saying . . .
This month's five cases touch on a variety of topics:  The definition of "public improvement," an employer's liability for Violation of a Specific Safety Standard, which entities can be liable for violating prevailing wage laws, whether public projects must be split up to obtain the lowest cost, and the effect of a contractor's belated notice of a delay damages claim.

Holman, Gillis & Shevelow on Construction Documents: Withholding Payments Under the EJCDC & AGC Standard Contracts
Guest author Chris McCloskey looks at how both the EJCDC and the AGC standard contracts treat the difficult subject of withholding payments from a Contractor.

Indoor Air Quality: Mold—The “Next Asbestos”?
David Riddle, P.E., examines two recent decisions of the Ohio courts where plaintiffs claimed mold-related injuries.

Upcoming Seminars
See information on upcoming construction seminars featuring Bricker & Eckler construction attorneys.

OSHA Corner: What's New in the World of Job Safety?
Read this to stay up-to-date on news and information regarding OSHA and job safety.

ADR Corner: Communications Made During Mediation Are Confidential (and Now They Are Privileged)!
Sam Wampler discusses a Cuyahoga County Appeals Court case dealing with the confidential and privileged nature of mediation communications.