The July 2006 ohioconstructionlaw.com Newsletter

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Index to July ohioconstructionlaw.com Newsletter

Feature Articles

Ohio Supreme Court Reverses Norwood, Says Government Can’t Take Property for Purely Economic Benefits
In a unanimous decision July 26, the Ohio Supreme Court set limits on a public entity's power to take private property by eminent domain. Maureen Taylor analyzes this landmark opinion and looks at its possible effects.

The Perils of Hiring Illegal Aliens
Both contractors and owners of construction projects should know what could happen if they are found to have undocumented immigrants working on their projects, according to Rod Davisson.

Mechanics’ Liens & Public Improvements: A Primer
It's not quite everything you ever wanted to know about mechanics' liens, but Andrew Balcar provides some good guidelines for anyone interested in asserting, defending against, or merely administering a lien on a public project.

Monthly Columns

What the Legislators Are Considering
Link to information on pending legislation of particular interest, updated daily.

What the Courts Are Saying . . .
Beginning a long column, our first case summarizes the latest federal court proclamation on what a city must do to comply with the Americans with Disabilities Act. Ohio state courts provided the rest of the cases, beginning with a decision on the economic loss rule (the limits on recouping purely monetary damages) from the Lucas County Court of Appeals. Next the Hamilton County Court of Appeals had to decide if an expert witness should be allowed to testify about demolition the other side's expert was not allowed to watch. Insurance is the topic for the next two cases, with the Court of Appeals for Summit County looking at the question of insurance coverage for a subcontractor's faulty work, and the Mahoning County Court of Appeals examining whether there can be coverage for an employer's intentional tort. Can a mechanics' lien be placed on a project when there was no contract for the construction? That question arose before the Court of Appeals for Richland County and is the subject of our sixth case. Finally, we look at the topic of "borrowed employees," specifically the question of which employer has liability for injuries caused by their actions.

Holman, Gillis & Shevelow on Construction Documents: Liquidated Damages: What the Contracts & Courts Say
In the first of a two-part discussion, Andrew Balcar examines what some of the standard form contracts have to say about liquidated damages, as well as a few court opinions on the topic.

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: Confidentiality & Privilege in the Mediation Rules Rules
Sam Wampler and David Riddle look at the rules that help assure one of the great advantages of mediation, confidentiality.

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

Back Page

Ohio Attorney General Clarifies Restrictions on Contracts Between OSFC & Construction Managers
The OSFC asked for guidance on whether the statutory restrictions on awarding unbid contracts to campaign contributors applied to their contracts with construction managers. Last month the Ohio Attorney General answered, and Ben Hyden analyzes that answer here.