Frost Brown Todd

PUBLIC OWNER’S POST BID OPENING “CLARIFICATION” REQUEST INVALIDATES CONTRACT AWARD

Stephen P. Withee — Tue, 14 Feb 2012 12:00:00 -0500

What happens in Ohio when both a bidder to a public project and the public entity make mistakes in a fixed price procurement? According to the majority in N.L. Construction Corp. v. Freed Housing Corp., 2012-Ohio-350, the public entity’s mistake trumps the bidder’s and, therefore, the public entity loses. Read More ›

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Update: Ohio EPA Withdraws Proposed Surface Water Rules

Amanda J. Albrecht — Sun, 05 Feb 2012 12:00:00 -0500

The Ohio EPA has withdrawn proposed new Water Quality Standards and 401 Water Quality Certification Rules from the Joint Committee on Agency Rule Review (JCARR) prior to the close of the public comment period. The proposed rules may adversely impact businesses in the construction industry, particularly during earthwork and site development activities, and through increased testing and permitting requirements. Ohio EPA Director Scott Nally issued a statement explaining that the rule package will be vetted through Ohio’s Common Sense Initiative process to address potential concerns. Read More ›

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Pre-Bid for Kentucky’s Share of Ohio River Bridges Project Announced, Set for March 1st

Alex Strohm — Sun, 29 Jan 2012 12:00:00 -0500

It was announced today that Kentucky has set the pre-bid meeting for its portion of the Ohio River Bridges Project for March 1^st, 2012, at 10:00 a.m. Read More ›

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Ohio EPA Releases Proposed Surface Water Rules for Public Comment

Amanda J. Albrecht — Tue, 24 Jan 2012 12:00:00 -0500

The OEPA has released proposed new Surface Water Rules that can impact testing, permitting, and other activities required during construction, particularly during earthwork and site development. Read More ›

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Owner’s Failure to Follow Contractual Requirements Regarding Termination and Notice of Claim to the Performance Bond Surety is Fatal to Claim

Brian M. Falcon — Sun, 18 Dec 2011 12:00:00 -0500

The Indiana Court of Appeals recently issued an opinion addressing the AIA contractual requirements regarding proper termination of a contractor and notice of claim to the surety. In Town of Plainfield v. Paden Engineering Co., Inc., 943 N.E.2d 904 (Ind. Ct. App. 2011), the owner and the contractor (“Paden”) executed the Standard Form AIA Contract Between Owner and Contractor (“Contract”). Paden delivered an AIA A312 Performance Bond, which expressly incorporated by reference the terms of the Contract, to the owner. Submitted by Brian M. Falcon. Read More ›

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Retainage Reform in Ohio?

John S. Higgins — Sun, 27 Nov 2011 12:00:00 -0500

Ohio legislators have contemplated retainage reform for years. New legislation is being drafted to attempt reform retainage on private construction projects (LSC 129 1897). Read More ›

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Feds Crack Down on Fraud in Small Business Procurement Programs

D. Scott Gurney — Sun, 20 Nov 2011 12:00:00 -0500

The Federal Government has a stated goal to award 23% of prime contract dollars to small businesses, with sub-goals for HUBZONE, Women-Owned businesses, Service-Disabled Veteran-Owned businesses and Small Disadvantaged businesses. Last year, the Federal Government spent approximately $9 Billion on construction contracts awarded to small and disadvantaged businesses.
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Hewitt v. L.E. Myers; Ohio Intentional Tort

Raymond Walther — Thu, 17 Nov 2011 12:00:00 -0500

Despite an Ohio statute that protects employers from most intentional tort claims, the Court of Appeals in Cuyahoga County recently upheld a jury verdict of nearly $600,000 in favor of an employee who was injured on the job and had already received workers' compensation. Hewitt v. L.E. Myers, 2011 Ohio 5413 (Ohio Ct. App. 8th Dist. October 20, 2011). The employee was electrically shocked while working with energized high-voltage power equipment. A supervisor had instructed the employee to work alone without wearing protective safety equipment. Because of this instruction, the employee was able to persuade the jury that the employer put him in harm's way even though it "knew with a substantial certainty" that the employee would be injured. Read More ›

Tags: Labor and Employment

IN Court of Appeals Addresses Sufficiency of Contractor’s Claim under Indiana’s Antitrust Act

Terrence L. Brookie — Sun, 13 Nov 2011 12:00:00 -0500

On October 25, 2011, the Indiana Court of Appeals published its decision in Skyline Roofing & Sheet Metal Co., Inc. v. Ziolkowski Constr., Inc., which addressed, among other issues, the sufficiency of a roofing subcontractor’s antitrust claim against a general contractor and local union. Read More ›

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IRS Announces New Voluntary Classification Settlement Program, Providing Past Payroll Tax Relief to Employers Who Reclassify Workers

Erin E. Sullivan — Thu, 27 Oct 2011 12:00:00 -0400

The IRS announced a new Voluntary Classification Settlement Program (“VCSP”) on September 21, 2011. The VCSP provides taxpayers not currently under examination with an opportunity to voluntarily reclassify their workers as employees for future tax periods. The employer will be liable for 10% of the liability due on compensation for the most recent tax year, as determined under the reduced rates of Code Sec. 3509, but will not be liable for penalties and interest and will not be subject to audit for employment tax issues. Read More ›

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