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Reasons to Read 

 

Contractors working in the residential market take note.  While modifications to Ohio's consumer protection laws that took effect last summer eliminated certain requirements and penalties, contract documents must now comply with those new rules depending on the size of the project.  An article below highlights the issue, which in general should have all residential contractors reviewing their forms.

 

Women-owned firms doing business with the federal government should be aware of increased opportunities, as Rebecca Bennett points out in the Labor & Employment Law Navigator, a link to which is provided below.

 

Before you dive in, take a few seconds to give the other side of your brain some exercise with this tour of eight industrial sites, guided by Wired magazine and Alastair Philip Wiper--a Danish photographer who finds great design and accidental beauty where no one else is looking.  

  

Thank you again for taking the time to review this newsletter. 

 

Jim Dixon

216-515-1642   

jdixon@frantzward.com

Builder Beware: Contract Forms Must Comply with Old and New Consumer Protection Measures
 
We recently reviewed the standard form agreements used by a swimming pool installation contractor and by a storm-chasing roofing contractor that quite plainly did not comply with Ohio law. These serve as a reminder that many residential contractors are still coming to grips with Ohio's consumer protection laws, in particular the new laws that became effective last summer.  While Ohio's lawmakers, with support of the OHBA and others, made things easier on contractors under the Consumer Sales Practices Act ("CSPA"), the new rules only apply to projects worth more than $25,000.00 and contractors that normally carry more than $250,000 in CGL insurance.  Contractors with projects above and below this threshold must take special care, since the CSPA provisions still cover the smaller projects.  And, depending on the contractor's operations, both sets may still have to address the Home Solicitation Sales Act.  If your forms are not up to date, please contact me. 
  
Construction in the News
  

You may recall my reference in the April edition to this Plain Dealer article from Michelle Jarboe McFee, where she quoted one local hotel industry participant who voiced concern about the need for additional hotel space downtown.  That concern was nowhere to be seen just a few weeks later when the City of Cleveland and Cuyahoga County announced a partnership to build a publicly subsidized hotel next to the convention center.  Review this article for more information.

 

Crain's Cleveland Business recently published a nice article on how some homebuilders have weathered the current economic storm. 

 

The Cleveland Institute of Art recently broke ground on the latest phase of its expansion--a stunning visual arts center on Euclid Avenue.  If you have not been to Uptown, you really should pay a visit. Expect to have your aesthetic notions challenged.  The stretch of Euclid between Mayfield and East 119th Street feels more like Seoul than Cleveland.  

 

Frantz Ward in Person and in the Media

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

 

Seminars

  

On August 23, 2013, Joel Hlavaty and Emily Fiftal will speak at Lorman's annual Employment Law Update in Independence, Ohio.  Follow this link or contact me for more information.   

 

On September 19, 2013, Neal Rains will present at the ALFA International Business Litigation Practice Group seminar at The Langham Hotel in Chicago. The session is entitled Internal Investigations:  A Cauldron for Inadvertent Error, Embarrassing Exposure and Early Termination.

 

On October 3, 2013, Joel Hlavaty will present at the ALFA International Labor & Employment Practice Group seminar at The Ritz-Carlton in Half Moon Bay, California. The session will focus on tough employment issues, specifically managing leave and attendance issues.

 

On October 15, 2013, I, along with several other members of our Construction Group, will speak at the annual Lorman-sponsored update on the Fundamentals of Construction Contracts. Follow this link or contact me for more information (including information on discounted admission). 

 

Please let me know if you would like to schedule an in-house seminar for your staff. Such seminars provide a great opportunity to keep your team up to date on recent legal developments.

 

Blogs

 

Through the Ohio Environmental Law Blog, my partner and former Ohio EPA Director Joe Koncelik continues to provide articles of interest in environmental law. 

 

Through their Labor & Employment Law Navigator, Rebecca Bennett  and Keith Ashmus provide information about federal contracting opportunities for women and caps on executive pay reimbursements for federal contractors. 

 

Newsletters and Publications

 

Joe Koncelik published an article on environmental due diligence in real estate transactions in the June issue of Properties.     

 

Our Foreign Corrupt Practice Act practice group continues to publish timely information for companies doing business with foreign officials that wish to stay abreast of this area of law. Follow this link to learn about that group and review its newsletter. 

 

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.