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We are pleased to present you with Taft's Construction newsletter, a collection of insights from our team to yours.
Taft has been helping clients build their futures for more than 130 years. We are business attorneys who see the big picture. Our Construction Team has broad experience in the construction industry and can provide a solid legal foundation for the work you do. To learn more about our Construction practice, please visit our website at www.taftlaw.com. |
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Mechanics Liens: Don't Throw in the Kitchen Sink - Alternative Facts Won't Get the Job Done
By: Elizabeth Boddy
Contractors frustrated by an owner’s failure to pay in full are sometimes tempted to build a margin into a mechanics lien claim to mitigate costs of enforcement. The well informed contractor will resist this inclination or risk invalidating the claim altogether.
Illinois, Indiana and Ohio courts are consistent in holding that a mechanics lien claim may be rendered void where is it found to be materially false or misleading as to the amount due, or in other respects. The manner in which this is determined varies slightly from state to state, but generally speaking, innocent mistakes will be excused, while knowing misstatements will defeat the claim.
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| | |  | Making the NLRB Great Again (Part 2)
By: Kerry Hastings
On March 21, 2017, we published an article addressing possible changes in direction under a National Labor Relations Board controlled by President Trump’s appointees. This article will report on changes made in 2017 and address other changes that could be coming in the future.
The People
The president appointed two Republicans to the five-member board, with the second nominee taking office on Sept. 27, 2017. As a result, Republicans had a 3-2 majority on the board that lasted until Dec. 16, 2017, when the Republican chairman’s term expired. The board is currently split 2-2, with one vacancy for the president to fill.
The president also appointed a Republican general counsel, who took office on Nov. 17, 2017. The new general counsel has already indicated that he intends to revisit a number of legal positions taken by his Democratic predecessor.
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| | |  | Oversight of Ohio's Asbestos Program Transferred to Ohio EPA
By: Matthew Ring
As part of our ongoing commitment to keeping our clients up to date with the ever-changing regulatory environment, Taft’s Construction practice has compiled the following summary as a reminder of Ohio’s regulated Asbestos Program requirements, as well as other accompanying changes that may affect your business or impact your clients.
Effective Jan. 1, 2018, authority for overseeing Ohio’s Asbestos Program was transferred from the Ohio Department of Health (“ODH”) to the Ohio EPA’s Division of Air Pollution Control. The Asbestos Program transfer includes the transfer of the former ODH regulations to the Ohio EPA (now located at Ohio Admin. Code Chapter 3745-22) and reassignment of all aspects of the Asbestos Program regulating asbestos hazard abatement contractors, specialists, project designers, workers, training courses and other professionals previously regulated by the ODH. While the majority of the Asbestos Program requirements remain the same, there are a few notable changes.
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