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Review of Recent News 

 

Read on to learn about great news in construction employment in NEO, a recent case impacting contractors state-wide, a pending case impacting NEO residents, the high profile renovations to Public Square, and, finally, some upcoming events on the green building calendar.  

 

Thank you in advance for taking the time to review this update. 

 

Jim Dixon

jdixon@frantzward.com

216-515-1642 

 

NEO Leads in Construction Employment

 

The Associated General Contractors of America chose a site with views of the new Inner Belt Bridge to announce on July 30 that NEO ranked ninth out of 339 metro areas in the creation of construction jobs over the last year. That translates to 5,300 new jobs in the last year, a 15% increase over the prior year. The AGC also took the opportunity to encourage Congress to keep the momentum going by replenishing the Highway Trust Fund.  Read this article to learn more. Congress did pass a measure the next day, but it is not a permanent fix.         

 

Court Eases Enforcement of Pay-if-Paid Provisions

 

The Ohio Supreme Court issued a much-anticipated ruling in a case addressing the language needed to create an enforceable pay-if-paid clause. Subcontracts often include such language, which attempts to shift the risk of non-payment by the owner from the general contractor to the first-tier subcontractor and on down the line.  The Supreme Court made drafting and enforcement of such provisions easier.  Such terms will likely be enforced if they merely say that payment from above is a condition precedent to issuance of payment. The Supreme Court's summary and the opinion (Transtar Elec., Inc. v. A.E.M. Elec.Svcs. Corp., 2014 Ohio 3095) are available here. If your company has a standard form, this is a good time to review it.  And, contractors must always carefully review the terms of the agreements they are given by their contracting partner.

 

Court to Address Storm Water Fee

 

Storm water is on the minds of many of my east side neighbors whose basements flooded last week. Storm water is also on the docket of the Ohio Supreme Court, which will address the Northeast Ohio Regional Sewer District's authority to charge a fee for management of storm water.  Review this article to learn more.

 

Public Square Renovation On Track

 

With nearly half of the funds needed committed, renovations to Public Square could begin later this year.  Steven Litt's latest article covers funding status and the square's history, while his article from a year ago includes renderings. The change will be dramatic, with Ontario Street closing and Superior Avenue restricting, perhaps, to bus only use. 

 

The B-and-Bee

 

Of all the world's crises, we are fortunate to have designers focused on the menace that is the abundance of trash generated by music festival attendees--which includes their discarded tents.  A Belgian design team has created this honey-combed concept that includes stackable king-sized hexagonal pods. So, in 2015, you can look forward to Bonnaroo and a bee-hive too.

Upcoming Green Building and Natural Preservation Events

 

I am a proud member of the boards of the NEO Chapter of the U.S. Green Building Council and the Nature Center at Shaker Lakes. Here are some upcoming events sponsored by these groups.

 

Green Building Challenge:  Learn about HVAC Energy Conservation Measures on August 19 from 7:30 to 10:00 AM at 1405 East Sixth Street in downtown Cleveland.  Follow this link for more information on this event, which is also sponsored by the Cleveland 2030 District.

 

Bat Night at Lake View Cemetery: Haven't you always wanted to visit a cemetery at night to learn about bats?  Your chance arrives on August 22 at 7:30 PM. Visit this link for more information.

 

Lake Erie Boat Float:  It is not too late to register to compete against the USGBC's float in this fun event on September 9 at Edgewater Park.  More information is available here.   

 

Sustainability Summit:  Follow this link for more information about the sixth annual summit sponsored by the City of Cleveland, to be held September 17 and 18.

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.