Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

It's Always Risk Management Season in the Construction Industry

Blog Post
July 31, 2019

For the second time in just nine months, the Ohio Supreme Court issued a major decision affecting project-related risk and exposure for members of Ohio’s construction industry. The first of those decisions – Ohio N. Univ. v. Charles Constr. Servs., Inc., 2018-Ohio-4057, issued in October 2018 – expands contractor and subcontractor exposure to uninsured risks and claims by determining that a subcontractor’s faulty workmanship is not a covered “occurrence” under a typical Commercial General Liability (“CGL”) insurance policy.

More recently, however, in New Riegel Local School District v. Buehrer Group Architecture & Engineering, Inc., 2019-Ohio-2851, the Court issued a decision limiting contractor, subcontractor and design professional exposure to stale claims by clarifying that Ohio’s ten-year statute of repose applies not just to tort claims, but contract claims as well.  This decision is significant because a statute of repose, unlike a statute of limitations, is intended to begin to run at an identifiable time or event and bars any claim that is brought after a specified amount of time. In the context of the construction industry, a statute of repose is important because it provides risk managers certainty and predictability concerning the ability – and inability – of project participants to assert stale claims, which may influence other business decisions such as project close-out and document retention practices.

There are many sources of risk in the construction industry: project risk, contractual risk, occupational risk, financial risk, and the list goes on.  By issuing these two major construction law decisions in less than one year’s time, the Ohio Supreme Court reminds all project participants – owners, design professionals, general contractors, subcontractors, sureties and insurers alike – that it is always the right time to revisit your comprehensive risk management strategies.  While not all risk is avoidable, careful planning and the proper use of resources can allow you to transfer or mitigate certain risks in a way that maximize rewards.  

If you have any questions about this, or other matters affecting your business, do not hesitate to contact Justin M. Alaburda or Justin M. Lovdahl of BMD’s Construction Law Group.

Find out more about BMD, please follow us on LinkedIn:  Brennan, Manna & Diamond

 

 

 

Construction LawBMD's Construction Law GroupJustin M. AlaburdaJustin M. LovdahlJacksonville Bar Association
Blog Post

Employment Based First Preference (EB1)

October 30, 2018BMD has a team of experienced immigration attorneys with a collective knowledge of over fifty years to assist and guide U.S. banks, companies, individuals, universities, colleges, hospitals and institutions obtain the appropriate work visa or employment based permanent residency.Blog Post

NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer Decision

February 28, 2018NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer DecisionBlog Post

Scott Sandrock Awarded the Outstanding Eagle Scout Award

February 8, 2018BMD is proud to recognize its member Scott P. Sandrock being awarded the Outstanding Eagle Scout Award by the Boy Scouts of America. This award recognizes Eagle Scouts who have later achieved distinction in their professional careers and leadership through community service. A limited number of these awards are presented annually. The Award was presented at the Annual Eagle Scout Recognition Dinner in January.Blog Post

Highlights from the BMD Healthcare Leadership Summit Held in Orlando, FL, January 11, 2018 - January 13, 2018

January 31, 2018BMD's 2nd Annual Healthcare Leadership Innovation Summit theme focused on entrepreneurism in healthcare as we sought to reach various specialties and stakeholders within the healthcare industry. There were 3 days of insightful programming and exclusive networkingBlog Post

Ohio’s Statute of Repose: Is it Really a Bar to All Construction Claims?

January 22, 2018In response to the increase in common-law claims against architects and contractors brought by third parties who lacked “privity of contract”, many states enacted a construction statute of repose. A statute of repose is intended to forever bar claims for certain injuries or damages after a set period of time following substantial completion. Subject to certain exceptions, the primary distinction between a statute of repose and statute of limitations is that a statute of repose begins to run regardless of whether one is aware of a defect.
Older posts
Newer posts