The January 2007 Brickerconstructionlaw.com Newsletter

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New Name, Lead Article Highlight “Scope” Change:
Ohio & Beyond!

As we begin our eighth year (which actually begins in February), we look ahead to a broader focus than our first 83 issues have had. Construction projects are less local than they once were; they may involve an architect from one state and contractors from still another. Why confine ourselves to the law of just one state? In the future, we plan to bring you, from time to time, legal news related to construction from at least four states: Ohio (of course), Michigan, Indiana, and Kentucky.

Index to January 2007 Brickerconstructionlaw.com Newsletter

Feature Article

Can a Subcontractor Recover Damages from an Owner? An Architect? A Construction Manager?--Yes, No & Maybe
How do Ohio, Indiana, Michigan and Kentucky courts handle non-contractual claims arising on construction projects? Each state has some version of the Economic Loss Doctrine, but as Maureen Taylor points out in this overview, they are not all the same.

Monthly Columns

What the Legislators Did in 2005-2006
The 126th Ohio General Assembly has ended. The construction-related laws that were passed are listed here.

What the Courts Are Saying . . .
Our five cases are from four different courts and deal with a variety of topics: a city's responsibility to pay workers' comp benefits to an independent contractor's employee injured while working on a city sewer construction project (Kentucky Court of Appeals); the effect of the "Home Rule" law on the statutorily set deadline for awarding contracts following the opening of bids (Ohio Court of Appeals, Franklin County); enforcement of a contract's "notice" requirement (Indiana Court of Appeals); proving "substantial certainty" for an intentional tort claim (Ohio Court of Appeals, Franklin County again); and insurance coverage for an intentional tort (federal appellate court for the Sixth Circuit).

Holman, Gillis & Shevelow on Construction Documents: Consequential Damages—To Waive or Not To Waive?
Is the contractual waiver of consequential damages a good idea? See how guest author Ben Hyden answers this question.

Unforeseen Site Conditions . . .
Federal Court Decides Two Hot Issues for Differing Site Conditions Cases
Two hot issues--economic losses and an owner's disclaimer of boring logs--interest Doug Shevelow, P.E. & Esq., as he analyzes a federal case from West Virginia.

ADR Corner: Mediation—a Process That Goes Forward in Stages
What should you expect of a mediation? As David Riddle, P.E., describes it, a mediation is an orderly process that proceeds through predictable stages.

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

Back Page

Governor’s Executive Order Should Spur Review of Policies
Confused about what you can and cannot do when hosting a public employee? Maria Armstrong's recap of Executive Order 2007-01S should update you on this hot topic.