Posted In:
Litigation and Real Estate
Industry:
Construction
RE&C in Review and Business Litigation Advisory: Eighth District Finds Oral Hearing Unnecessary Before Compelling Arbitration
By Teresa G. Santin on May 3, 2021
On April 8, 2021, the Eighth District Court of Appeals affirmed a trial court decision denying a motion to compel arbitration and/or stay the matter pending arbitration. AJZ's Hauling, L.L.C. v. TruNorth Warranty Program of N. Am., 8th Dist. Cuyahoga No. 109632, 2021-Ohio-1190. Appellant contended that the trial court erred when it (1) determined that res judicata did not apply; (2) failed to hold a hearing prior to making its decision; and (3) found the arbitration provision at issue both procedurally and substantively unconscionable....
Posted In:
Litigation and Real Estate
Industry:
Construction
RE&C In Review & Litigation Advisory Blog: Eighth District Reaffirms Alleged Cancellation of Contact Containing Arbitration Clause is Referable to Arbitration
By Teresa G. Santin on April 19, 2021
A disputed cancellation of a construction or commercial contract likely won't excuse the contracting parties from the operation of an arbitration clause contained within that same contract. Roark et al. v. Keystate Homes LLC et al., 8th Dist. Cuyahoga No. 109488, 2021-Ohio-707....
Posted In:
Construction Contracting & Disputes and Real Estate
Industry:
Construction
RE&C In Review: Pressing Pause and Pressing Stop - The Strategic Use of Contractual Suspension and Termination Rights
By James T. Dixon on March 15, 2021
Article 7 of the American Institute of Architect's form A101-2017 Agreement Between Owner and Contractor (the Agreement) refers to Article 14 of the A201-2017 General Conditions for the terms governing termination or suspension. Beginning with the Contractor's right to terminate work, a Contractor may do so in very limited circumstances and only after giving proper written notice. One of those circumstances is when an Owner's failure to live up to one of its contractual obligations stops the work for 60 consecutive days....
Posted In:
Real Estate
Industry:
Construction
RE&C In Review: Ohio Supreme Court Finds that Purchase Price in "Drop and Swap" Transactions May Establish Tax Value of Real Estate
By Thomas A. Gattozzi on February 16, 2021
Attorneys Thomas Gattozzi and Hanne-Lore Gambrell discuss "drop and swap" transactions in real estate and how property value is determined for tax purposes in these transactions....
Posted In:
Real Estate
Industry:
Construction
RE&C In Review: Crossing the Line - Contractor Liability and Mechanic's Liens
By James T. Dixon & Sarah M. Sears (Summer Associate) on January 25, 2021
On those occasions when a contractor must record a mechanic's lien, the response from the property owner often involves an immediate claim that the lien is invalid or even slanderous. It is important, then, for contractors to have an understanding of the contours of the claims owners rely upon, not only to understand what the owner is communicating when it makes the claim, but also to understand the line between a valid lien and one that exposes the contractor to liability. To provide that understanding, this article summarizes the law in the four most populous states....
