Common Reasons for Termination of a Construction Contract There are many reasons for terminating a construction contract. Some of the most common are nonpayment by the owner or contractor, nonperformance by the contractor or subcontractors, timeliness of performance, lack of communication or simply an inability to get along. These issues should be addressed in aRead More
Events & Webinars
By John Swansinger, Esq. We can’t preach enough that, when it comes to construction contracts, words mean everything. I am writing about a tragic case involving the spread of Legionnaires disease being cause by shoddy workmanship in a new construction project. In 2007, Miami Valley Hospital and its corporate arm, Premier Health Partners (collectively, “MVH”)Read More
By: Michael J. Matasich and Matthew R. Duncan The Ohio Supreme Court has issued an important decision in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485 reaffirming the preeminent role of the State of Ohio in regulating oil and gas drilling over local municipalities. Beck Energy Corporation obtained a permit fromRead More
By: Alan P. DiGirolamo Effective April 1, 2013, Ohio’s homestead exemption was amended to allow a homeowner to exempt up to $132,900 of equity in his or her home. See, Ohio Revised Code Section 2329.66(A)(1)(b). This is important to contractors, subcontractors and material suppliers that have filed a judgment lien against a residence because theRead More
By: John Swansinger, Esq. “Condition precedent” is now perhaps the most important term in your Ohio construction subcontract following the Ohio Supreme Court’s recent decision in Transtar Electric, Inc. v A.E.M. Electric Services Corporation Slip Opinion No. 2014-Ohio-3095. Ignore this case and it will cost you big money and give you a giant headache. WhenRead More
By: Richard Fry Former R.C. 5713.03 required a county auditor to consider a recent arm’s-length sale in determining a property’s true value for real property tax purposes. “The best evidence of the true value in money of real property is an actual, recent sale of property in an arm’s -length transaction.” Conalco v. Monroe Cty.Read More
Attorney Frederick M. Lombardi provides the following update on a recent decision involving an “as-is” sale of real estate: In an “as is” sale by a receiver, where the receiver orally represented to the purchaser plaintiff that the foreclosed car wash had been properly winterized, the plaintiff was permitted to offer parole evidence regarding the representationRead More
Buckingham attorney John Swansinger presents the following article on construction contracts: One of the greatest days for any contractor, at any level, is when the words “WE WON THE BID…..WE WON THE BID!” are cast over the weary war room. Can you hear the cracking of high fives and beers opening? Then, a day, aRead More
The following article from Buckingham attorney Steven A. Dimengo discusses tax-avoidance strategies for the sale of real property. Contemplating the sale of real property held for investment or use in a trade or business but want to avoid paying any tax, perhaps even permanently? The key question is: do you intend to maintain your investmentRead More
