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Taft
Contruction Practice Group
Creating the foundation for a solid
future
Taft
has been helping clients build their futures for
more than 125 years. We are business attorneys who
see the big picture. Our Construction Team has
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Construction Contract Notice
of Claim Provisions are Generally Strictly
Enforced in Ohio
Strict
enforcement of notice provisions in construction
contracts can be devastating to a contractor's
claims arising during construction. Owners
and higher tier contractors routinely raise
alleged failures of strict compliance with notice
provisions in their attempts to defeat contractor
claims which may otherwise have great merit.
Typically, in cases where the contractor did not
provide the exact notice required, the contractor
makes two arguments: (1) the owner had actual
notice and therefore was not prejudiced by the
lack of formal notice; and (2) the owner "waived"
the notice requirement. In this article, I
will address the first argument under Ohio
law. I will address the second argument in a
subsequent article.
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Recent
Court Ruling Continues Trend of Strict
Interpretation of Public Construction Contracts To
The Detriment of Contractors
The
contractual pitfalls to contractors in securing
full payment for public construction work have
been reaffirmed and strengthened through a recent
decision by the Ohio Court of Claims.
Stanley Miller Constr. Co. v. OSFC, Ct. of Cl. No.
2006-04351, decided May 8, 2012, continues the
ongoing trend of strict interpretation of public
construction contracts which often denies full and
fair compensation for labor, materials and
services where the contractor fails to follow the
general conditions to the letter.
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