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Reasons to Read 

 

Within this edition, you will find information summaries and links relating to the following:

  1. The creation of the Ohio Facilities Construction Commissoin;
  2. How growing pains associated with Construction Reform may have impacted a local school levy; 
  3. The continued success of Third Sun Solar;
  4. The fourth annual Sustainability Summit, which includes key components relating to construction; and,
  5. Updates on forthcoming seminars and recent publications. 

And, two local and one European museum projects underscore the highs and lows of the work of today's Starchitects, with Cleveland's projects scoring on the high end. While Stephen Litt of The Plain Dealer writes of the Cleveland Museum of Art's expansion serving as the City's Pantheon, and while MOCA's stunning new home nears completion on Euclid Avenue, the expansion of the Stedelijk Museum Amersterdam, which looks like someone installed a utility sink in the middle of town, is drawing a bit of well-earned criticism.

 

Thank you for taking the time to review this newsletter. 

 

Jim Dixon

216-515-1642  

jdixon@frantzward.com

Alphabet Soup: OFCC Created from OSFC and OSA
Effective September 10, the Ohio Facilities Construction Commission will be born from the elimination of the Office of the State Architect, the reassignment of duties once held by the Ohio Department of Administrative Services, and the restructuring of the Ohio School Facilities Commission. In a report published on its web site, Timothy S. Keen of the OSFC discusses how the OSFC will still function as a distinct agency within the OFCC. Under the new law (HB 487 passed 6/11/12), the OFCC, and not ODAS, will prepare designs, specifications, and estimates, prepare contract documents, and provide project supervision. Also, the OFCC will take over the OSFC's debarment authority.  Full text of the bill is here.
Third Sun's Growth Again Hits Inc. 5000
Third Sun Solar, of Athens, Ohio, has again charted well on the
Inc. magazine's Inc. 5000 list of the fastest growing private companies. Third Sun finished 76th among energy companies (2nd in Ohio), 1st in Ohio among renewable energy companies, and 3130th nationwide among all companies.  This news comes as the International Energy Association predicts a 40% increase in renewable energy generation over the next five years and as another Athens-based company, EcolibriumSolar, works to revolutionize flat solar panel installation.
Cleveland Sustainability Summit Set For September 20-21
Registration is now open for the City's fourth annual Sustainability Summit, which will focus this year on Local Food Systems and Advanced and Renewable Energy. Speakers include the U.S. Department of Agriculture's Kathleen Merrigan and economist and prolific author Jeremy Rifkin. Attendees can also participate in work groups dedicated to such topics as Green Building, Construction and Demolition, and Vacant Land.
Battle Over Coventry School District Levy Highlights Construction Reform Issues and Hardball Politics
Voters in the Akron-area Coventry Local School District headed to the polls on August 6 to vote on a levy intended to raise money for a construction program that would make vast changes to the District's schools. For a component of the work that would have been funded by the levy, the schools elected to use the design-build method (an option available to them under Construction Reform) and to require bidders to have two of the three following credit criteria: $50 million in assets, $10 million in cash, or excellent credit. Only one bidder met the criteria, prompting the local chapter of the Associated Builders and Contractors to sponsor a pre-election mailing critical of the schools, which the superintendent has characterized as a "cheap shot." As the Akron Beacon Journal reports with more detail, the levy failed by 154 votes.
Frantz Ward in Person and in the Media

Here are summaries of recent publications and upcoming speaking engagements from my colleagues.

 

Seminars

 

On September 13, 2012, Brett Bacon will discuss how to counter "Rambo" litigation techniques in this seminar sponsored by NBI.

 

On September 19, 2012, Joel Hlavaty will discuss employment litigation in another seminar sponsored by NBI.

 

On October 25, 2012, Nora Loftus, Phil Truax and I will be discussing construction law from contract to close-out at a seminar in Independence. Follow this link for more information. 

 

On December 6 and 7, 2012, Andy Natale and I will discuss Risk Management as part of the Construction Employers Association's Project Manager Development Program. The five-part course, which begins in September, is designed for early-career project managers.  Course materials are available here

 

Blogs

 

Through the Ohio Environmental Law Blog, former Ohio EPA Director Joe Koncelik highlighted issues relating to climate change generally and Ohio's brownfield redevelopment programs.

 

In their Labor & Employment Law Navigator, Rebecca Bennett  and Keith Ashmus discuss OSHA's new Severe Violator Envorcement Program, which really ratchets up the penalties for companies that frequently fall short.

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.