text black
mug shot
Quick Links

    




  
Contractor Resources 
 
 Read Construction Claims Advisor here.

 

Review Green Builder magazine here.

 

Learn About the Greater Cleveland Green Building Coalition here.

 

Read Builders Exchange Magazine on-line here. 

 

Find valuable construction industry research from McGraw-Hill Construction here.
Designer Resources 
 
 Read Engineering News-Record 

here.

 
 

 

Frantz Ward's Services for Corporations
 
Bankruptcy and Creditor's Rights

 

Construction Project Consulting and Litigation 

 Corporate Governance, Mergers and Acquisitions
 
ERISA Counseling and Litigation

 

Environmental Law

 

Intellectual Property

 

Labor & Employment Law Counseling and Litigation
   
Real Estate Transactions and Litigation

 

Workers' Compensation
Frantz Ward's Services for Individuals

 

Estate Planning and Probate

 

Litigation

 

Real Estate Transactions

 

Construction Project Consulting and Litigation 

Join Our Mailing List

 

Reasons to Read 

 

The intense work associated with bid disputes has now claimed both the January and March editions of this e-newsletter. So, there is a lot to cover in April.

 

You may have seen a television interview on Fox 8 that discussed the results of the protest that occupied my time in March.  I am proud to have been able to work with the Cleveland Browns, the City of Cleveland, and the two contractors, including our client Platform Cement, to reach a resolution that kept the $5.8 million in stadium renovations on track.    

 

Also, a few seats remain at a seminar, on April 18, 2012, that features my discussion of Ohio's public project lien law.  Please contact me direct if you'd like to attend.

 

As usual, below you will find links to construction industry and general business news from the past two months, including an important ruling from the Ohio Supreme Court, 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

News In Brief

Did you see the new wind turbine at Progressive Field, constructed by C.T. Taylor Construction?  Follow the link for a story, a photo, and some video.

 

The PNC SmartHome, once stationed outside the Cleveland Museum of Natural History and built in large part by our client CPK Construction, has now found an owner.  

 

Skoda Minotti is conducting its annual survey on conditions in the construction and real estate markets in Northeast Ohio. Follow the highlighted link if you would like to contribute your thoughts, and get a chance to win a $50 gift card.

Ohio Supreme Court Supports Implied Duty to Construct in a Workmanlike Manner 

In a ruling that dealt a blow to homebuilders while providing a win for their customers, in Jones v. Centex Homes, 2012 Ohio 1001 (March 14, 2012), the Ohio Supreme Court ruled that the implied duty to construct a home in a workmanlike fashion cannot be waived by the provisions of the pertinent contract.  Please contact me if you have any questions about this decision or its impact.

 
City Agrees to Try Again After Bumbling First Attempt to Issue a Design-Build Contract
The City of Cuyahoga Falls, upon receiving a challenge to an award from Frantz Ward, agreed to start from scratch after it recognized that it had not properly followed the new procedures implemented under Ohio Construction Reform.  Follow this link for more information. 
Frantz Ward in Person and in the Media

My colleagues and I do a lot of writing and speaking in order to keep our clients and contacts up to date on legal developments.  Here are summaries of recent publications and upcoming speaking engagements.

 

On April 18, 2012, James Niehaus will serve on a panel at the inaugural Crain's Cleveland Business General and In-House Counsel Awards.  Seats are still available, so click here for more information.

 

On May 10, 2012, Frantz Ward presents its annual complimentary Labor & Employment Law Seminar.  Please follow this link to register.

 

On June 21, 2012, Frantz Ward will present a seminar on various issues and updates in the area of business litigation.  Stay tuned for more details.

 

Builders Exchange Magazine published this article on Construction Reform in Ohio.  It discusses three perspectives on the changes, one of them the legal view from Andy Natale.

 

Through the Ohio Environmental Law Blog, my partner and former Ohio EPA Director Joe Koncelik, has recently published an overview of a new Ohio bill addressing horizontal drilling (fracking) and an article on the changes that can impact the removal of asbestos.  The media frequently turns to Joe, as evidenced by his quote in the Akron Beacon Journal.

 

In their Labor & Employment Law Navigator, Rebecca Bennett  and Keith Ashmus discuss recent developments in the law relating to healthcare, health insurance exchanges, and the NLRB's workplace posters.

 

My colleagues in the Foreign Corrupt Practices Act Group, who have now conducted training sessions on four continents, publish a periodic newsletter to keep our clients informed of recent developments in this very important area of law.  Click here to access those newsletters.

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.