| OHIO APPELLATE COURT ESTABLISHES PRIORITY OF LIENS AND DENIES LIEN HOLDER PREJUDGMENT INTEREST |
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10/31/2008 Link
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In a case decided in the Tenth District Court of Appeals, Guernsey Bank v. Milano Sports Enterprises, L.L.C., 177 Ohio App. 3d 314, 2008 – Ohio – 2420, the appellate court upheld a finding of priority among lien claimants and went on to overturn the award of prejudgment interest to the lien claimant.
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| Green Building Series: A Quick Primer on Green Building and the LEED, Green Globes and ENERGY STAR Frameworks |
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10/31/2008 Link
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This blog entry is the first of a Green Building Series that will focus on the different third party frameworks, green liability issues, “greenwashing” claims; government incentives, green building in Ohio, Kentucky, Indiana and Tennessee, solar and other energy conservation issues, green leasing and whatever hot button issues arise as this area of the law begins to develop itself. Submitted by Geoff White.
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| "AIA Releases New Integrated Project Delivery and Design Build Documents" |
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10/22/2008 Link
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On October 17, 2008, AIA published six new contract documents: (1) C196-2008; (2) C197-2008; (3) E2002-2008; (4) A441–2008; (5) C441–2008; and (6) B207–2008. See www.aia.org/docs Submitted by John Higgins.
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| AGC Economist Forecasts Outlook for Construction Industry |
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10/21/2008 Link
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Ken Simonson, AGC’s Chief Economist, recently spoke at a meeting of the Middle Tennessee chapter of the AGC regarding the economy and its effect on the construction industry. The news, overall, was mixed. He indicated certain sectors of the industry would see hard times through the coming year while others should experience steady, if not growing, business opportunities. Submitted by Zac Farrell.
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| You Can't Crash My Party: Court Rules Mere Presence of Third Parties Does Not, by Itself, Prevent Arbitration |
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10/16/2008 Link
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Construction projects involve multiple parties that have multiple contractual relationships. Some of these contracts may contain arbitration clauses and some may not. What happens, therefore, if a dispute arises involving multiple parties and not all of those parties agreed to arbitrate their disputes? Are the parties that want to arbitrate denied the right to its chosen method of dispute resolution or will those who did not want to arbitrate be forced into a forum they did not select? A recent Ohio appellate court decision addresses this very issue. Submitted by David C. Olson.
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