Construction Law News Blog

Showing 20 posts in Labor and Employment.

Hewitt v. L.E. Myers; Ohio Intentional Tort

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 ›

Appeals Court Affirms Trade Group’s Standing to Sue for Violation of Wage and Hour Regulations

In its opinion released in October 2010, the Sixth District Court of Appeals in Ohio held that the Ohio Valley Associated Builders and Contractors (“ABC”) had statutory standing to present a claim alleging violation of Ohio’s prevailing wage laws. The court then returned the case to the trial court for further proceedings. Read More ›

Ohio Prohibits Union-Scale Wage Requirements on School Construction Projects

The Ohio School Facilities Commission voted Thursday to prohibit the use of mandatory union-scale wage requirements on school construction projects. Prior to this reversal, the OSFC had required contractors to pay laborers “prevailing wage” rates or to agree to a “project labor agreement.” Read More ›

Overpaid DBE Subcontractor Could Not Defend Overpayment Based On DBE Compliance Issues

Central Bridge Company, LLC subcontracted with Javier Steel Corporation for steel materials and labor for seven different road projects in Kentucky. Central Bridge was to pay Javier for the labor and materials. Alternatively Central Bridge could pay third party vendors directly. Central Bridge identified Javier as a disadvantaged business enterprise (“DBE”) and used the steel subcontract to meet the “not less than 10% expenditure on economically disadvantaged individuals” to meet the DBE requirements. Read More ›

Indiana Supreme Court finds that General Contractor’s CGL Policy may Cover Damages to the Project Itself Caused by a Subcontractor’s Faulty Work

Construction contractors rely heavily on insurance policies to help minimize and allocate the risks of damages caused by their work. A commercial generally liability (CGL) policy is among the standard policies obtained by contractors and typically is intended to cover the contractor’s liability for bodily injury or property damage to persons or property other than the construction project itself. For example, a CGL policy would be expected to cover a contractor’s liability to a passerby that was injured by the contractor while walking by the project. But in Sheehan Const. Co., Inc. v. Continental Cas. Co., 935 N.E.2d 160 (Ind. 2010), the Indiana Supreme Court addressed whether a standard CGL policy covers a general contractor’s liability to an owner for the faulty workmanship of a subcontractor. Read More ›

Kentucky Appellate Court Requires Arbitration Even If Contract Already Terminated

The Kroger Company expanded a grocery store in Lexington, Kentucky and hired E.H. Construction, LLC as the general contractor for the expansion project. E.H. Construction subcontracted with Alpha Concrete Construction for the cement floor and Alpha subcontracted with W.T. Congleton Co. and others for material and labor. Congleton later sued Alpha and Kroger and others for breach of contract and unjust enrichment. Alpha brought in E.H. Construction as a third party defendant. E.H. Construction filed a motion to stay the litigation and compel arbitration. E.H. Construction relied on Article 15, entitled Dispute Resolution, which provided that all claims or disputes arising out of or related to the subcontract between E.H. and Alpha be decided by arbitration in accordance with the Construction Industry Arbitration rules of the American Arbitration Association, except for claims waived by the making or acceptance of final payment. Read More ›

No Public Funds = No Prevailing Wage

The Franklin County Court of Common Pleas recently ruled in Kimberly Zurz, Director, Ohio Department of Commerce v. 770 West Broad AGA, LLC that the prevailing wage requirements, which are codified in Ohio Revised Code Chapter 4115, do not apply to a lease unless public funds are used for improvements to the leased premises. Read More ›

Federal Contractors Required to Use E-Verify Beginning September 8, 2009

Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ E-Verify system starting September 8, 2009, to verify their employees’ eligibility to work legally in the United States. Only contractors who are awarded a new contract with an E-Verify clause are subject to the new rule. Read More ›

Federal Contractors Required to Use E-Verify Beginning September 8, 2009

Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ E-Verify system starting September 8, 2009, to verify their employees’ eligibility to work legally in the United States. Only contractors who are awarded a new contract with an E-Verify clause are subject to the new rule. Read More ›

Lawsuit Challenges CPS Prevailing Wage Rule

On Friday, August 28, the Ohio Valley Associated Builders and Contractors and the Independent Electrical Contractors of Greater Cincinnati filed a lawsuit in the Hamilton County Court of Common Pleas against the Cincinnati Board of Education seeking to enjoin the Board from implementing its Responsible Bidder Resolution, which amended its Lowest Responsible Bidder policy.  Read More ›

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Attorney Spotlight

C. Michael Shull, III focuses his practice on construction law and litigation. Michael's client representations range from casinos and ENR Top 400 contractors to design firms and subcontractors.

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