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Reasons to Read 
This month's feature article is about this year's green building newsmaker, the SmartHome.  It is now for sale (the link to the listing is below), and in just less than a month it will be moved to its permanent home.  Its marketing raises the critical question of how we price a home that will last hundreds of years and cost little to operate or maintain.

It was a big month for stories about tunnel projects, with ENR running a story about a massive Kroll crane at work in Seattle, and the San Francisco Chronicle running a story about the Caldecott Tunnel's fourth bore in the East Bay.  Follow those links for great project photos.  

It was also a big month for Marc Sanchez, who, as detailed below, obtained a large jury verdict for a family that had bought a home from a seller who had concealed a severe defect.

Finally, back by popular demand (well, at least the demand of one reader) is my mug shot, now at left since I could no longer get it to fit in this article box.  (Insert big head joke here.)

 

As always, thank you for taking the time to review this newsletter.

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HomeBuying FutureMath
How much more would you pay for a home that is built to last 300 years? How much more would you pay if that home required significantly less maintenance over its usable life? How much more would you pay for a home that has no gas bill and a monthly electric bill of only $20?  Now that the Natural History Museum's PNC SmartHome is listed for sale at $329,000, the questions are no longer hypothetical.  And, rather than price per square foot, should there be another figure to determine a smart home's value, such as cost per square foot per usable year?  That issue came to mind on a recent tour of the home given by Chuck Miller and Chris Kontur, designer and builder, respectively, of the SmartHome.  Watch the news on October 24 as the home is moved from its site on CMNH's grounds to its permanent home on Wade Park Avenue.  The last public tour will take place on October 7. 
Sanchez Obtains Big Jury Award in Erie County Residential Fraud Case
The Sandusky Register, in this story, reported on the jury verdict obtained earlier this month by my partner Marc Sanchez in a case involving a home seller's decision to conceal severe water damage.  In that case, which was similar to the one I tried in Cuyahoga County in July, the seller placed his bets on the fact that no one would discover a report he had that detailed extensive but concealed water intrusion.  Obviously, it is best to repair such issues rather than conceal them. Sellers who have had problems with a home, even if they have repaired them, should also get advice on how to make the appropriate disclosures, including how to complete Ohio's disclosure form.  Because Ohio law and the costs of litigation make such cases difficult for buyers, they should seek as much guidance as possible in evaluating a home's condition, particularly the potential for concealed water intrusion issues and their consequences, which include mold.           
 
Frantz Ward in the Media and Online

My colleagues do a lot of writing in order to keep businesses updated on legal developments.  Here are this month's publications.

 

This month in the Ohio Environmental Law BlogJoe Koncelik discusses the changing regulation of construction site stormwater, the EPA's unchanged ozone standards, the value of Ohio's renewable portfolio standards, and the difficulty of brownfield redevelopment that involves underground storgage tanks.  

 

In the Labor & Employment Law Navigator, Rebecca Bennett  discusses the new NLRA poster, while Keith Ashmus reviews a key provision in the proposed American Jobs Act, the IRS's amnesty program regarding worker classification, and union violence in Longview, Washington.

 

Greg Farkas authored the Ohio chapter in and edited the Class Action Compendium published by the Defense Research Institute.

Upcoming Seminars

In addition to speaking at the following events, my colleagues and I frequently present in-house lectures on a variety of legal topics. If you would like to schedule a seminar at your company, please let me know.

 

October 5, 2011 CEA Contractor Success Series (TBD)

Andy Natale, chair of our Construction Group, will discuss project risk management and documentation at an event sponsored by the Construction Employers Assocation.  Follow this link for registration information.

 

October 25, 2011 Workers Compensation Law & Practice Seminar (Cleveland, Ohio)

Ken Kleppel will speak at this annual conference. Seminar information is available here. 

Disclaimer
This document is intended to provide general information about legal developments, not legal advice. Receipt of this information does not create an attorney-client relationship.