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In a landmark decision, the Fifth District Court of Appeals (Tuscarawas County) issued its opinion that Ohio’s Statute of Repose ends all rights to sue architects after ten years from the date of substantial completion. The Court held that this law bars actions both in…
A subcontractor paid federal Davis-Bacon wage rates on a federally-funded project, but was found liable for the difference to state Prevailing Wages. Lake County owned a housing project, specifying state prevailing wages to be paid. Upon the subcontractor’s final pay application, the County refused to…
In the October trades section meetings of the Ohio Construction Industry Licensing Board, members voted to move forward with disciplining 37 contractors for license violations. The Board is vigorously investigating contractors who sell their license, to allow unlicensed contractors to use a license when not…
Two bills began legislative hearings in the Ohio House on reforming the Bureau of Workers’ Compensation, to increase self-insurance opportunities outside of the Bureau, and to incentivize safety and return-to-work programs. House Bills 268 and 269 are sponsored by Representative Michael Henne (R, Clayton), who…
The Franklin County Court of Appeals has upheld the enforcement of Ohio’s 20-point test, to determine whether a contractor must pay unemployment compensation premiums for employees misclassified as an independent contractor. The State audited a construction contractor which was performing its labor using independent contractors….
The Ohio Senate is considering legislation to amend the Ohio Constitution, permitting local governments to borrow from a Bond Bank for infrastructure construction projects. House Bill 54 is sponsored by Representative Bill Blessing (R, Cincinnati) and Representative Theresa Gavarone (R, Bowling Green), passing the Ohio…
The General Assembly passed into law an appeal mechanism for claims of antitrust activity in licensure proceedings before state boards. House Bill 49 enacted new Revised Code section 107.56 in response to a United States Supreme Court decision that a state dental board engaged in…
In a split decision, an appellate court has ruled that a contractor cannot enforce a mechanics’ lien when Ohio’s statute of frauds invalidates the underlying contract. The contractor contended that he entered into an oral agreement with two homeowners to maintain a vacant lot, provided…
The Court of Appeals for Cuyahoga County has denied a company from adding new evidence in its appeal of the Ohio Department of Developmental Disabilities’ revocation of its certificate to provide non-medical transportation services to individuals. The Department cited the provider company in 2012 and…
Legislation creating the School Facilities Option Program passed the Senate unanimously, and is reported out of House Education Committee favorably. As some schools do not qualify for the primary funding of the Ohio Facilities Construction Commission for a larger facilities project, sponsor Senator Randy Gardner…