April 2007

Administrative Law

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April 2007
Volume 10, Issue 1

(Get a printer-friendly version)

Buckingham, Doolittle & Burroughs’

Real Estate & Construction Practice Group presents Build On This

In this edition of Build On This, we are pleased to announce Robert A. Hager as Chairman of the Real Estate & Construction Practice Group. We also provide brief summaries of significant court cases and legal developments affecting real estate and construction, and a feature article. The feature article by Christopher Ernst (Cleveland) discusses what every sub should know when dealing with construction subcontracts. For current information on Real Estate & Construction Law please visit our web blog, buildonthis.com. As always, we welcome your opinions and feedback. Thank you.

Robert A. Hager Appointed Chairman of the

Real Estate & Construction Practice Group

Buckingham, Doolittle & Burroughs, LLP is pleased to announce the appointment of Robert A. Hager, a Shareholder resident in the Firm’s Cleveland office, to Chairman of the Real Estate & Construction Practice Group. Mr. Hager’s practice focuses on commercial litigation and construction law. He has extensive experience representing developers, owners, contractors and design professionals in all facets of construction law and litigation.

“Bob has become pre-eminent in his field as a top notch construction lawyer. He is well-known for his ability to resolve tough problems and is proactive in keeping our clients well-advised and out of court. Bob's organizational skills are unparalleled. We are confident that with his background and ability he will continue the growth and standards set by his predecessor, John Slagter, and continue to take the practice group to the next level,” stated Nicholas T. George, President and CEO of Buckingham, Doolittle & Burroughs, LLP.

To continue reading press release, click here FULL STORY.

Case Summaries

To preview the Case Summaries, click Here: CASE SUMMARIES

Strongsville Board of Education v. Cuyahoga County Board of Revision (2007), 112 Ohio St. 3d 309.

The Court in Strongsville affirmed the Board of Tax Appeals’ (“BTA”) decision to use an appraisal, as opposed to a recent sale lease-back transaction, to determine the subject property’s tax value.

Mid-Ohio Mechanical, Inc. v. Carden Metal Fabricators, Inc. (5^th Dist., 2006), 169 Ohio App. 3d 225.

The Court held that improvements to a factory were part of the realty, not personal property, and were therefore subject to a mechanics' lien.

Dublin Building Systems v. Selective Insurance Company of America (10^th Dist. Feb. 6, 2007), No. 06AP-213, 2007 WL 353675.

The Court determined that the general contractor's negligence constituted an "occurrence" under its insurance policy, and thus the insurance company improperly denied coverage.

FEATURE ARTICLE

The Top 10 Clauses to Watch for in Construction Subcontracts: What Every Sub Should Know

By: Christopher M. Ernst

Contracts serve to govern how a concrete contractor does its job, and whether or not the job will be profitable. Navigating contracts and agreeing to terms that meet each party’s needs can be difficult, especially considering that a construction contract can be up to100 pages long. The subcontract can also reference and incorporate the terms and conditions of preceding documents, such as the prime contract and/or bid proposal which can be up to 500 pages in length.

Usually the terms of the prime contract cannot be changed, but sometimes the subcontract can be negotiated. Because of this, concrete contractors need to review and be familiar with the contract’s terms to protect themselves from conflicts that may arise down the road.

To continue reading the ten common terms every concrete contractor should watch for when entering into a contract, click here FULL STORY.

WELCOME NEW ATTORNEYS

Lisa J. Conomy, Real Estate & Construction Practice Group, Partner

Buckingham Columbus^SM

614.227.4211

lconomy@bdblaw.com

Ms. Conomy has 15 years experience as a public sector attorney for the State of Ohio. She most recently had a successful career as Chief Legal Counsel for the Ohio Department of Transportation. While there she successfully led and implemented several innovative projects. Ms. Conomy also served as Assistant Deputy Legal Counsel in the Office of the Governor.

Richard A. Murdoch, Real Estate & Construction Law Practice Group, Shareholder

Buckingham Boca Raton^SM

561.300.0465

rmurdoch@bdblaw.com

Mr. Murdoch is a Florida Bar Board Certified Real Estate attorney with more than 25 years of experience. He has represented bank and lending institutions in complex commercial and residential transactions and is responsible for large volumes of real estate contract negotiations, leases, closings and title insurance. Mr. Murdoch maintains a substantial corporate practice representing entities, mergers, joint ventures, limited liability companies and partnership matters. He has extensive contract negotiation experience and preparation of employment, shareholder and management agreements and general business matters.

Martin J. Pangrace, Real Estate & Construction Law Practice Group, Associate

Buckingham Cleveland^SM

216.453.4294

mpangrace@bdblaw.com

Mr. Pangrace has experience in representing architects, contractors, and engineers in defense of liability claims. In addition, he represents clients in state and federal courts and in arbitration and mediation proceedings involving construction and other commercial disputes.

Michael V. Passella, Real Estate & Construction Law Practice Group, Associate

Buckingham Columbus^SM

614.227.4204

mpassella@bdblaw.com

Mr. Passella’s practice is focused in construction and commercial litigation. He has represented owners, contractors and insurers in a variety of disputes, including defect claims, lien proceedings, and bad faith litigation. He has also counseled local and county governments in appropriation and other civil actions in both state and federal courts. Mr. Passella was recognized as one of Ohio's Super Lawyers- Rising Stars™, in the 2005 Cincinnati Magazine, as voted by his peers.

KUDOS__________________________________________

Donald B. Leach, Jr., Columbus, was re-elected to OSBA Board of Governors.

Henry I. Reder, Cleveland, was appointed to the Board of Directors of the AIA Ohio Foundation.

SPEAKING OUT __________________________________

Presentations recently given…

Date

Title

Presenting Attorney

Sponsored By:

January, 2007 Contracting 101: The Ten Deadliest Contract Clauses Michael F. Copley The Builders Exchange of Central Ohio

February, 2007

Insurance Law Update: Understanding Coverage Trends

Scott J. Topolski

National Business Institute

February, 2007 Annual Real Estate & Construction Law Seminar
Anthony R. Vacanti

Edward V. Buehrle

Susan C. Rodgers

Robert A. Hager

Martin J. Pangrace
Buckingham, Doolittle & Burroughs, LLP

March, 2007

South Florida Builders' Association Mix 'N Mingle

Robert Pershes

Scott J. Topolski

South Florida Builders' Association

March, 2007

Ohio Construction Law for Architects, Engineers and Contractors

Michael F. Copley
Michael V. Passella

Half Moon, LLC

March, 2007

Real Estate Development from Beginning to End

Mark F. Craig

James L. Fisher

Lorman Education Services

March, 2007

Construction Scheduling: Protecting the Bottom Line

Michael F. Copley
Michael V. Passella

National Business Institute

March, 2007

Liens and Encumbrances Affecting Real Estate

Donald B. Leach, Jr.

OSBA CLE Institute Seminar

March, 2007 Managing the Problem Project Michael F. Copley The Builders Exchange of Central Ohio

April, 2007

Liens and Encumbrances Affecting Real Estate

David J. Lindner

OSBA CLE Institute Seminar

Save the date for these upcoming presentations…

Date

Title

Presenting Attorney

Sponsored By:

April 23

John S. Knight Center, Akron, Ohio

Faith Is What Makes the Impossible, Possible: 12 Steps to Lead with Character

Nicholas T. George

Heart-to-Heart Communications

June 5

The Builders Exchange of Central Ohio, Columbus, Ohio
Ohio Mechanics' Lien Law: The Hows and Whys of the Paperwork (General Contractors, Owners, Architects, and Lenders) Donald B. Leach, Jr. The Builders Exchange of Central Ohio

June 22

Columbus, Ohio
Implementing Strategies to Minimize the Risk of Mechanics' Liens and 'Paying Twice' Donald B. Leach, Jr. OSBA CLE Institute

·

If you are interested in obtaining information on upcoming seminars or would be interested in having speakers from Buckingham, Doolittle & Burroughs, LLP make a presentation to your organization, please contact: Lorna J. Henderson, Client Relations Administrator at lhenderson@bdblaw.com or 800.686.2825 ext. 86473.

www.bdblaw.com
1.800.686.2825 - Buckingham Akron ^{^SM}
1.800.682.2825 - Buckingham Boca Raton ^{^SM}
1.888.811.2825 - Buckingham Canton ^{^SM}
1.888.843.2825 - Buckingham Cleveland ^{^SM}
1.888.686.2825 - Buckingham Columbus ^{^SM}

1.800.682.2825 - Buckingham West Palm Beach ^{^SM}

Real Estate & Construction Web Blog http://buildonthis.com/

Akron # Boca Raton # Canton # Cleveland # Columbus # West Palm Beach

Build On This contains articles delivered as a free service from the Law Firm of Buckingham, Doolittle & Burroughs, LLP (BDB) to make clients and friends aware of legislative changes and laws affecting their businesses and personal lives. If you enjoy reading Build On This, please tell a friend or colleague. The Build On This is sent only to subscribers who have requested it. Anyone can sign up for a free subscription or view prior Build On This by visiting our web site at http://www.bdblaw.com/newpublications.asp.

To change where you receive Build On This, please e-mail us at mlaster@bdblaw.com.

If you have received this message in error and wish to be removed from future Build On This mailings, reply to this message and indicate “REMOVE” in the subject field.

BDB also publishes Business Compass, a Business Law newsletter, BDB Health & Medicine Reporter, a newsletter geared towards the healthcare industry, Trusts & Estates Bulletin, a newsletter geared towards all individuals, Workfor$e, an Employment & Workers' Compensation newsletter, and several Special Alert publications that cover changes in laws that may affect our clients.

The material appearing in future Build On This newsletters is meant to provide general information only and not as a substitute for legal advice. With regard to specific law issues, readers of this newsletter should seek specific advice from legal counsel of their choice.

In some jurisdictions, this newsletter may be considered advertising. The hiring of a lawyer is an important decision that should not be based solely upon written information about our qualifications and experience. Before you decide, ask us to send you free written information about our qualifications and experience. Buckingham, Doolittle & Burroughs, LLP has endeavored to comply with all known legal and ethical requirements in compiling this newsletter. Buckingham, Doolittle & Burroughs, LLP does not desire to represent clients based on their review of any portions of this newsletter that do not comply with legal or ethical requirements.

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