Nuisance; Closure Orders, Forefeiture of Real Property

Federal and Ohio laws prohibiting illegal activities such as trafficking and drug sales from residential properties are prosecuted under a Complaint to Abate a Nuisance. Upon conviction, these actions may result in temporary or even permanent closure (“boarding up”) orders …

Construction Mediation

Mediation is a valuable form of Alternative Dispute Resolution (“ADR”); it is an effective alternative to costly litigation in the state or federal court systems. Construction Mediation is a highly refined form of mediation, formatted specifically to address the complex …

Back and Forth

Year-end predictions require careful recognition of significant business trends, tempered with the human frailty of ignoring all signs, with the hope for the better days ahead. Construction costs continued to escalate, with 2006 having recorded among the largest increases in …

Real Property, “Flipping”

Purchases and sales of real property (“real estate”) have been the subject of legislative enactments and judicial review, in light of many complaints of predatory lending and questionable sales to unsophisticated purchasers as potential investors. In one recent case considered …

Settlements; Bad Faith v. Good Faith; Test

A recent decision provides clear guidelines in determining whether settlements are conducted in good faith or whether bad faith conduct may also result in the imposition of prejudgment interest: {¶13} R.C. 1343.03(C) governs the award of prejudgment interest. It states: …

Construction Case; Fraud, Beneficiaries Defined

Construing actionable fraud in a roof replacement contract, the Court of Appeals of Franklin County, Ohio held: “The elements of fraud are a representation or, when there is a duty to disclose, concealment of a fact, which is material to …

Contractor Liability for Permit Work

Construction contractors and subcontractors are charged with primary responsibility for the work performed under permits issued to them; they may not permit others to work under their permit, as a matter of law. The Construction Industry Licensing Board (“CILB”) governs …

Punitive Damages Awarded Contractor; Municipality’s Breach of Contract (Part 2 of 2)

The contract with the Village required arbitration. Accordingly, the original GC brought its Demand for Arbitration and claim, filed with the American Arbitration Association, on February 22, 2000, for monetary compensation and damages. The contract, AIA Doc. A-101, 1997 Edition, …

Lawyer Selection – No Beauty Contest

Lawyer selection is no beauty contest; while appearance is important, good looks are not! Legal cases, unlike beauty contests, are won by good facts, hard work and good experience! Litigation costs time, emotion, and money. Each of these elements is …

Employment; At-Will

(In response to numerous inquiries. Editor) Employment by written agreement or contract, for a specific period of time of not less than one year, with specific terms, is strictly contractual and will be construed according to the agreement between the …

Employer Immunity for Occupational Injuries

Employers are immune from suit by employees, except for occupational injuries resulting from intentional torts by the employer. One such case, recently decided, was by a warehouseman, employed by RTS, in the company’s rail yard. While performing a procedure of …

Construction Documents

The process for any building construction or other improvement project, including demolition, requires careful communication between the designer and building craftsmen in the form of detailed, descriptive, graphic portrayals, in the form of drawings, of the work to be accomplished. …

Punitive Damages Awarded Contractor; Municipality’s Breach of Contract (Part 1 of 2)

The Arbitrator’s decision and award in favor of the General Contractor (“GC”), vindicated the Contractor’s flawless 40 year reputation, and imposed Attorney’s fees as punitive damages, along with arbitration expenses and fees against the Village of Grafton, Lorain County, Ohio. …

Economic Loss Rule

The Supreme Court of Ohio, in its recent consideration of the application of the Economic Loss Rule, held in the SYLLABUS OF THE COURT: “Under the economic-loss rule, privity or a sufficient nexus that could serve as a substitute for …

Landlord Liability, Property Maintenance, Insurance Coverage

How can landlords minimize financial losses related to repairs and maintenance? Landlords may avoid many problems by maintaining the property in good condition, and implementing building and zoning code compliance with the following: Retain an experienced property manager, to maintain …

Landlord Liability, Property Maintenance, Insurance Coverage part 1 of 2

6, Issue 5 May, 2006 LANDLORD LIABILITY, PROPERTY MAINTENANCE AND INSURANCE COVERAGE (Part 1 of 2.) Protection from liability resulting from tenant and visitor injuries is a VERY important property owner objective. Query: When is a landlord liable for injuries …

Construction Claims – Classification

Builder Negligence, Statute Of Limitations

BUILDER NEGLIGENCE, S/L he decision of the Court of Appeals of Ohio, Eighth District, Cuyahoga County explicitly details the statute of limitations for actions brought against a builder: [Page 254] ***In Point E. Condominium Owners’ Assn., Inc. v. Cedar House …

Commuting Employee; Injuries Compensable, When. part 2 of 2

COMMUTING EMPLOYEE; INJURIES COMPENSABLE, WHEN. (Part 2 of 2, Concluding from previous issue). {¶ 19} Ordinarily, “an employee’s commute to a fixed work site bears no meaningful relation to his employment contract and serves no purpose of the employer’s business. …

Commuting Employee; Injuries Compensable, When. part 1 of 2

COMMUTING EMPLOYEE; INJURIES COMPENSABLE, WHEN. An employee was injured while traveling to a remote worksite. The controversy centered upon the question of whether the injury was compensable, within the course and scope of employment, and. The Court held: {¶ 15} …

Trade Secrets Protection Applies to LLC’s

Criminal Liability – Target Corporations

Adverse Possession – Real Property

Nuisance; Closure Orders, Forefeiture of Real Property

Small Business Legal Checkup List

Wrongful Evictio

Legal Definitions

Real Property Tax Liability – Seller or Buyer? Deed Controls. part II

Real Property Tax Liability – Seller or Buyer? Deed Controls. part I

Employee or Independent Contractor?

Construction Controversies – Backcharges and Extras

Mechanic’s Liens – Top Ten Errors

Contract Mistakes part II

Contract Mistakes part I

Adverse Possession

Excavating Contractor Has Non-Delegable Duty

Liability for Jobsite Safety, Administration II

Liability for Jobsite Safety, Administration I

Subcontractor Liens on Public Projects

Damage to Real Property – Four-Year Statue of Limitations Applies

Construction General Counsel

Lead Paint Hazards Act Not Applicable to Private Housing

Pay When Paid” Clauses in Construction Contracts

Construction Crisis Management

Specific Performance

Bidding, and Bid Mistakes

Mechanic’s Liens -Top Ten Errors

New Ohio Statute – “Transfer on Death” Deed

(Continued from September, 2001 issue.) (2) Designation of contingent Transfer on Death Beneficiaries. A transfer on death deed may contain a designation of one or more persons as “contingent transfer on death beneficiaries” who will take the interest of the …

Mechanics’ Liens and Waivers of Lien

Perfection of a valid Mechanics’ Lien is a necessary prerequisite to assertion of the right to be paid. At least, one cannot credibly proceed to trial without it. Many trades, persons and businesses affected should have previously noted and taken …

New Ohio Statute – “Transfer on Death” Deed

(Continued from August, 2001 issue.) Named Beneficiaries. Upon the death of any individual who owns real property or an interest in real property subject to a “transfer on death beneficiary designation” and made using this new deed form, the deceased …