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Blog 3 Columns

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  • Blog 3 Columns



  • Texas Court’s Ruling in Painter Case Poses Problems for Subcontractors That Operate Carpooling Programs0

    • Uncategorized
    • January 21, 2019

    January 2019 Edition by Brian K. Carroll, Esq., Sanderford & Carroll, P.C. Recently, the Texas Supreme Court has decided a case that has potentially wide-reaching consequences to any subcontractor that operates a carpooling program. Under the recently decided case of Painter v. Amerimex Drilling I, Ltd., subcontractors can be on the hook for any accident

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  • The Surprising Case of a Preliminary Notice That Wasn’t0

    • Uncategorized
    • January 21, 2019

    January 2019 Edition by R. Russell O’Rourke, Esq., Meyers, Roman, Friedberg & Lewis, LPA Can you serve a preliminary notice too early? In Ohio there is an unfortunate court of appeals case that says YES! The case that misinterprets the Ohio statutory law and truly harms subcontractors and suppliers is the 2010 12th District Court

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  • Kemper Insurance Case Is Important Because It Can Be Applied Equally to Any State Which Has a Statutory Construction Trust Funds Scheme0

    • Uncategorized
    • January 21, 2019

    January 2019 Edition by Jordan R. Pavlus, Esq., Byrne, Costello & Pickard, P.C. It has long been known that a statutory system whereby construction funds are to be held in “trust” for beneficiaries is favorable to subcontractors. There are many reasons for this, but the crux behind it is that payments received by general contractors

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  • American Architectural Case Has Potentially Far Reaching Implications on World of Subcontractor Payment Rights0

    • Uncategorized
    • January 21, 2019

    January 2019 Edition by Jordan R. Pavlus, Esq., Byrne, Costello & Pickard, P.C. Many states have a statutory scheme whereby a general contractor is required to hold construction monies it receives in “trust” for trust fund beneficiaries. In this respect, the general contractor serves as the trustee and the subcontractor serves as the trust fund

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  • DRAs and DRBs: An Effective Way to Resolve Disputes0

    • Uncategorized
    • January 21, 2019

    January 2019 Edition by Donald Gregory, Esq., Kegler, Brown, Hill and Ritter As the construction industry has struggled to resolve disputes in a timely and cost-effective manner we have seen the rise of DRAs (Dispute Review Advisors) and DRBs (Dispute Review Boards) in an effort to resolve disputes “out in the field” in real time.

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  • Don’t Go to Court to Find Out If Your Arbitration Clause Is Enforceable0

    • Uncategorized
    • January 21, 2019

    January 2019 Edition by R. Russell O’Rourke, Esq., Meyers, Roman, Friedberg & Lewis, LPA Two new cases that may change the way you write your contracts were decided by the U.S. Supreme Court in the first 15 days of 2019. The issue in both cases is “arbitrability,” meaning whether the terms of your contract bind

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  • ASA Urges Ohio Supreme Court to Affirm Appeals Court Decision in CGL Insurance Case and ‘Reverse’ Earlier Court Ruling That Was ‘Wrongly Decided’0

    • Uncategorized
    • January 21, 2019

    January 2019 Edition by American Subcontractors Association 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 case that otherwise could have tremendous negative ramifications for subcontractors in Ohio and beyond. In an amicus, or “friend-of-the-court,”

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  • Attorney Adam Harrison to Discuss Best—and Worst—Construction Legal Decisions of 2018 in February ASA Webinar0

    • Uncategorized
    • January 21, 2019

    January 2019 Edition by American Subcontractors Association The Feb. 12, 2019, ASA webinar, will highlight the best and worst construction legal decisions of 2018. In “The Best—and Worst—Construction Legal Decisions of 2018,” attorney Adam Harrison, president, Harrison Law Group, will share his insights and practical legal experience, providing participants with an understanding of the short-

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  • ASA President’s Letter0

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    • January 21, 2019

    January 2019 Edition Dear ASA Members, Last month, after an exhaustive, six-month search, the ASA Search Committee—composed of the ASA Executive Committee members—named government relations expert Michael T. Oscar as its director of government relations, effective immediately. I cannot emphasize enough how excited the ASA Board of Directors is about Mike and his team from

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