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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 broad experience in the construction industry and can provide a solid legal foundation for the work you do. We can assist you with every aspect of your project, from start to finish, whether you are an owner, developer, design professional, contractor or supplier. Our construction team is as multifaceted as you are.

Let us provide the legal framework for all stages of your project so that you can concentrate on what you do best...Building your future.

Construction Contract Notice of Claim Provisions are Generally Strictly Enforced in Ohio    

Earl Messer
Earl K. Messer  

(513) 357-9652


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       

Lowell T. Woods Jr.  

Lowell T. Woods Jr.  

(937) 641-1728  

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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June 2012 Issue
Construction Contract Notice of Claim Provisions are Generally Strictly Enforced in Ohio
Recent Court Ruling Continues Trend of Strict Interpretation of Public Construction Contracts To The Detriment of Contractors