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Reasons to Read 

 

My apologies for not producing a newsletter in January.  I was tied up pursuing a bid protest in Lorain County, which you may have read about in a series of well-written articles (1st, 2nd, 3rd, 4th, 5th) from Kate Snyder of the Lorain Morning Journal. Bid protests are an uphill battle for contractors as it is, and now Ohio's Construction Reform will make it even harder. Watch for more information about the impacts of reform in future issues of this newsletter.

 

If you have started work on an oil and gas well project, either as a developer or a contractor, you should immediately review an article that a colleague and I published relating to the unique lien-law rules applicable to those projects.  A summary is below.

  

You have read numerous articles in this newsletter about green construction projects.  Here's another. On February 9, developers broke ground on a fifteen-story vertical urban farm in the city of Linköping, Sweden. 
 
Below you will also find links to construction industry stories from the past two months, as well as updates on happenings at Frantz Ward.

 

Thank you for taking the time to review this newsletter.

 

Jim Dixon

 

216-515-1642 

jdixon@frantzward.com

 

Ohio's Lien Law Statutes Treat Oil and Gas Projects Much Differently, Requiring Added Diligence
 
BX Magazine published an article that Jenna Isaacs and I wrote about Ohio's lien law as it applies to oil and gas drilling projects. To protect themselves from hidden lien claims that can attach to the property, the equipment, the oil and gas, or the proceeds from the sale of that oil and gas, developers should avail themselves of the right to request an informational affidavit from the original contractor and the right, if necessary, to make direct payments. Original contractors must adhere to the requirements for that affidavit or else they will lose their lien rights. Subcontractors, laborers, and material suppliers should provide the specified written notice to guard against the possibility that they will not be identified on the original contractor's affidavit. While claimants have more time to record an Affidavit of Lien, they should nonetheless move as quickly as possible. Because there is no Notice of Commencement, it will take more time to gather the appropriate information to include in the Affidavit of Lien.
News In Brief

 

Do you drive a commercial vehicle?  Does your company employ drivers for its commercial vehicles? The U.S. Department of Transportation has curtailed the ability of commercial drivers to use their hand-held telephones while driving. Review this legal alert for the details.

 

By March 30, 2012, companies must submit their requests for grants under the Ohio Diesel Emissions Grant Program. This Ohio EPA program supports clean diesel projects in certain Ohio counties. The application and other information is available here.

 

The Engineering News-Record published three stories of interest: (1) contractors may see decreased bonding costs in 2012; (2) subcontractors are voicing their discontent on how P3 projects (public private partnerships) destroy their lien rights; and (3) lawyers are working to limit the incredible costs associated with e-discovery in litigation.  

 

Athens-based Third Sun Solar has made the news in recent weeks, including reports of its installation of solar systems for Osborne Coinage in Cincinnati, its work for the Columbus Zoo, its work for the Cincinnati Zoo, and expert commentary in the Columbus Dispatch from its President, Geoff Greenfield.

 

Geoff's comments in the Dispatch related to the possibilities available at shopping malls.  On that same topic, the The New York Times ran an article on the gardening project that has taken root at the Galleria at Erieview here in Cleveland.

Frantz Ward in Person and in the Media

 

Here are this month's publications and upcoming speaking engagements from me and my colleagues, who do a lot of writing and public speaking in order to keep businesses updated on legal developments.

 

On March 28, 2012, at 8:00 a.m., my partner Jeff Perlmuter will be discussing Executive Compensation and Benefits at a breakfast forum co-sponsored by Frantz Ward and the Organizational Consulting Group.  Send an e-mail to Eve Stratton if you are interested in attending.  This event is free, but seating is limited.


Since the first of the year, the Ohio Environmental Law Blog, featuring articles by Frantz Ward partner and former Ohio EPA Director Joe Koncelik, has published nine detailed articles on various issues, including proposed changes to the Ohio EPA and the future supply of Ohio's energy needs.  Joe's blog continues to be a great resource for anyone following environmental issues.

 

In the Labor & Employment Law Navigator, Rebecca Bennett  and Keith Ashmus have also been busy, publishing articles relating to the ability to discipline employees who make statements about their employers in social media, health savings accounts, and OSHA's regulatory priorities.

 

If you have not had a chance to see my entertaining discussion of Ohio's public project lien law (spoiler: it involves a pop quiz and a cheat sheet), you can attend this seminar on April 18, 2012. 

 

Crain's Cleveland Business reported firm news as Frantz Ward announced that Kelley Barnett, Mark Stockman, and Jennifer Whitney were named as partners, Doug Barr joined the firm as of counsel, and Angie Daling and Jenna Isaacs joined the firm as associates. 

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.