Blog 3 Columns

  • Death, Taxes, and Change Orders0

    by Lee Brumitt, Esq., Dysart Taylor Cotter McMonigle & Montemore, P.C. There are seldom projects that don’t have some measure of change or different site conditions requiring adjusted compensation to a subcontractor or a change in scheduled date of completion. The change order process doesn’t begin when a potential change is encountered. The process starts

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  • Incorporation by Reference Clauses0

    by Masaki James Yamada is a partner at Ahlers Cressman & Sleight PLLC Most subcontracts contain some version of what is termed an incorporation by reference, “conduit,” or “flow down” clause. Such a clause incorporates terms of the prime contract between the owner and prime contractor and makes them generally applicable to the subcontract. Some

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  • LEGALLY SPEAKING: ‘I Have to Go Where for My Day in Court?’ The Curious and Costly World of Subcontract Forum-Selection Clauses0

    by Eric B. Travers, Esq., Kegler, Brown, Hill and Ritter Subcontractors working on projects with a general contractor from another state often discover, to their dismay, that they may need to go out of state if they must litigate to defend a backcharge or simply be paid for their work. Often this can mean needing

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  • CONTRACTOR COMMUNITY0

    May 2018 ASA General Counsel Kegler, Brown, Hill and Ritter Revises FASA’s Retainage Laws in the 50 States Before you bid or negotiate your next contract, be sure to know the laws regarding retainage where the project is located. The Foundation of ASA’s Retainage Laws in the 50 States 2018 summarizes retainage laws in the

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  • CONSTRUCTION IN THE COURTS

    CONSTRUCTION IN THE COURTS0

    May 2018 ASA Urges Ohio Supreme Court to Affirm Appeals Court Decision in CGL Insurance Case and ‘Reverse’ Earlier Court Ruling That Was ‘Wrongly Decided’ Ohio ASA, Associated General Contractors of Ohio, and Ohio Contractors Association asked the Supreme Court of Ohio to affirm an appeals court decision in a commercial general liability (CGL) insurance

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  • Shaping the Future of the Construction Industry with Technology0

    April 2018 by Michael McLin, Maxim Consulting Group Savvy construction industry professionals confess that acceptance of technology is the future. A good number resist committing their time and resources while hoping to see results by using tech for sake of tech. Tech innovations are sweeping the industry to the point that even the standard issue

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  • There’s Nothing to Fear But Fear Itself in 2018

    There’s Nothing to Fear But Fear Itself in 20180

    April 2018   by Tyler Riddell, eSUB Construction is one of the largest industries in the world with an annual market capitalization exceeding $10 trillion. Despite its tremendous potential, many contracting firms are struggling due to a shortage of skilled workers, weak productivity growth, and new data showing that the industry generates immense waste, both

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  • Digital Construction0

    April 2018   by Carol Hagen, Hagen Business Systems Inc. Where are you on your path to a completely digital, connected firm? If you haven’t begun your journey, you’re at an extreme competitive disadvantage. This is where the rubber hits the road for your future survival. For those who are further along, what’s your road

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  • Electronic Signatures Are Enforceable—If You’re Careful

    Electronic Signatures Are Enforceable—If You’re Careful0

    April 2018   by Joseph Kanfer, Woolford Kanfer Law, P.C. It used to be that the last step in finalizing a contract or change order was putting pen to paper and signing it. But as computer technology becomes ever more pervasive in the construction industry, contract documents and signatures are increasingly exchanged by electronic means

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