A recent Ohio case demonstrates the need for contractors, owners, and everyone else working on a construction project to make sure they get their change orders in writing. In the case in question, the plumbing contractor ABV entered into a contract with a homeowner to convert the home from using a septic system to running on the county sewer lines. On the very first day […]
On December 12, 2022, Ohio’s Eleventh District Court of Appeals ruled that the Home Construction Service Suppliers Act (“HCSSA”), an act that distinguishes home construction from other sales that fall under Ohio’s Consumer Sales Practices Act (“CSPA”). In general, the HCSSA and CSPA are similar, but the big difference lies in the penalty damages available to consumers under the CSPA. Under the CSPA, consumers who […]
Ohio’s Ninth District Court of Appeals recently affirmed a judgment from the Summit County Court of Common Pleas. (Skycasters, LLC, et al. v. Michael Kister, et al.) At trial, Plaintiff sought damages against the Defendant in excess of $2 million due to violation of a non-competition and confidentiality clause in the employment agreement. Defendant, represented by Mike Fortney of Fortney Law LLC, successfully argued that […]
In a big development, especially for suppliers furnishing materials to construction projects in Ohio, the 12th District Court of Appeals late last year found that a mechanic’s lien for furnishing materials under R.C. 1312 is valid even if the supplied materials are not incorporated into the project. After the trial court determined that a supplier’s mechanic’s lien was invalid, due to the failure to use […]
The 10th District Court of Appeals recently heard a case involving a dispute between a general contractor, subcontractor, and supplier. Michigan Timber & Truss, Inc. v. Summit Building Services, LLC, 2021-Ohio-3158. After the general contractor was brought into the case through an amended complaint, the general contractor moved to dismiss or stay the proceedings, in favor of arbitration, pursuant to R.C. 2711.02(C). The trial court, […]
A recent case from Summit County further strengthened the attorney’s fees provision of Ohio’s Prompt Payment Act (R.C. 4113.61). The case involved a dispute surrounding the installation of helical piers for the foundation of a construction project for an Akron Metropolitan Housing Authority project. The dispute centered around what design was to be used, which determined how many and what safety factor was to be […]
“Celebrate endings — for they precede new beginnings.” – Jonathan Lockwood Huie I am very excited to announce that I am starting my new law firm, Fortney Law, LLC where I will continue to provide the exceptional legal advocacy clients have come to expect. I will continue to serve clients in business and construction matters in Ohio and beyond. I appreciated my time at Wickens […]