Melissa Jones | Frantz Ward Non-payment: the dreaded issue all subcontractors face. Tools, such as payment bond, prompt pay and mechanic’s lien rights and claims, can help secure payment. Additionally, Ohio, unlike most other states, also permits a subcontractor to look to an owner for payment under a theory of unjust enrichment, even if the… Continue reading Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”
Month: November 2023
Follow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract?
Mark Barak and Eric Grasberger | Ahead of Schedule Over this past summer, our colleague Mario R. Nicholas penned an article for the Daily Journal of Commerce entitled “Can Artificial Intelligence Be Trusted to Draft a Construction Contract?” It is a great read, and we borrow from it here in many places. In his article, Mario principally focused on… Continue reading Follow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract?
Supreme Court Considers Whether To Expand Constitutional Takings To Legislative Development Fees
Elizabeth M. Thompson, Zachary G. Williams, Kedrick Whitmore and Fred Wagner | Venable When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El Dorado required Mr. Sheetz to… Continue reading Supreme Court Considers Whether To Expand Constitutional Takings To Legislative Development Fees
Mediating Construction Defect Cases and Other Construction Cases: Factors to Keep in Mind
Barry Howard | Miles Mediation & Arbitration Planning to mediate a construction law case? Whether your case involves construction defects, environmental issues, breach of contract, construction delays, or other construction-related claims, there may be multiple claims and defenses in play. Add the likelihood of multiple parties, and you’re looking at expensive case, whether you’re representing… Continue reading Mediating Construction Defect Cases and Other Construction Cases: Factors to Keep in Mind
Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)
Melissa Dewey Brumback | Construction Law in North Carolina Our recent look into termination brings up another issue important to architects and engineers– how to sound the alarm about construction or building code violations. Sometimes, a project owner may be so focused on project completion that they want to overlook the sub-par work that may… Continue reading Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)