Issues Pertaining to Conditions Precedent to Arbitration Clauses in Ohio are Rightly Decided by Arbitrator, not Court.

Issues Pertaining to Conditions Precedent to Arbitration Clauses in Ohio are Rightly Decided by Arbitrator, not Court.

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, […]

Read Me Leave comment

Ohio’s Prompt Payment Act Strengthened by Ninth District Court of Appeals

Ohio’s Prompt Payment Act Strengthened by Ninth District Court of Appeals

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 […]

Read Me Leave comment