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Case Summaries
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CASE
SUMMARIES
REAL ESTATE CASES
Crown Credit Co. Ltd. v. Bushman (3rd
Dist. 2007), 170 Ohio App.3d 807, 2007-Ohio-1230.
The doctrine of adverse
possession is disfavored and its elements stringent.
CONSTRUCTION CASES
Certek, Inc. v. The Ohio State University
(Ct. of Cl. May 2, 2007), 2007-Ohio-2750.
Failure to follow contractual
notice provisions precludes owner from
backcharging contractor for alleged construction
defects.
Morton Buildings, Inc. v. Correct Custom Drywall,
Inc. (Franklin App. June 7, 2007),
2007-Ohio-2788.
Unreasonably late finish
prevents builder from collecting full contract amount.
Kokosing Construction Company, Inc. v.
Occupational Safety and Hazard Review Commission
(May 25, 2007), 2007 U.S. App. LEXIS 12835.
A corporation’s imputed
knowledge of a safety violation is sufficient to charge
it with a “serious” violation of OSHA Safety Standards.
Managing
Construction Site Condition Risks
By:
Michael Copley
Benjamin Franklin said simply “time
is money.” When a contractor encounters a differing site
condition, costs can skyrocket while production slows or
even comes to a standstill. Proper site planning and
carefully drafted contract clauses may determine which
party bears the risk.
For an owner or developer, the foundation for successful
development and construction begins with an adequate and
accurate “site investigation.” It then ends with solid
documentation in the contract of the “baseline” expected
to be encountered by the contractor.
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FULL
STORY.
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Eric J. Neuman,
Litigation
and
Real Estate & Construction Law
Practice Groups,
Associate
Mr. Neuman has extensive experience in complex
litigation, with an emphasis on construction law.
He successfully represents residential real estate
purchasers and developers of condominiums and single
family homes in regard to claims for the recovery of
preconstruction deposits, including claims pursuant to
the Federal Interstate Land Sales Full Disclosure Act,
15 U.S.C. § 1701 et seq. He also prosecutes and
defends complex, multi-party commercial matters on
behalf of global, national, and regional entities.
Mr. Neuman has wide-ranging experience resolving claims
through all forms of alternative dispute resolution
including arbitration and mediation.
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KUDOS__________________________________________
In October, Michael
F. Copley
(Columbus) served as a judge for the Ohio Valley
Associated Builders and Contractors Annual Project
Awards.
Christopher M. Ernst
(Cleveland)
was a contributing author to an article in
Concrete Contractor (October 2007). The article was
entitled, “Is Your Lawyer Good or Bad for Business.” It
can be found online at
http://www.forconstructionpros.com/publication/printer.jsp?id=8819.
Eric
J. Neuman
(Boca Raton)
was quoted in the October 25, 2007 edition of Miami
Today. The article was entitled, "Buyers Seek
Ways to Void Condo Contracts." Also, Mr. Neuman
and
H. Michael Muñiz
(Boca Raton)
published an article entitled, "ILSA Complicates Real
Estate Contracts" in the October edition of the Florida
Real Estate Journal. Mr. Neuman was also mentioned
in the Florida Bar News and the Palm Beach Post
for his involvement in the
Anti-Defamation League's Glass Leadership Institute.
Scott J. Topolski
(Boca Raton)
is featured in the current issue of BASF News,
the magazine of the Builders' Association of South Florida.
BDB was the presenting sponsor of BASF's recent High Rise
Council Forum.
The
following
real estate & construction
attorneys have received top ratings in their specialties and
are listed in the 2008 edition of Best Lawyers in America®:
Edward V. Buehrle
(Akron)
Real Estate Law
James L. Fisher
(Akron)
Real Estate Law (10 year + honoree)
Nicholas T. George
(Akron)
Corporate Law, Construction Law
Robert A. Hager
(Cleveland)
Construction Law
Donald B. Leach, Jr.
(Columbus)
Construction Law, Real Estate Law
William B. Leahy
(Cleveland)
Alternative Dispute Resolution, Construction Law
Richard J. Lolli
(Canton)
Construction Law
Craig S. Marshall
(Akron)
Corporate Law,
Mergers & Acquisitions Law
John P. Slagter (Cleveland)
Real Estate Law
David W. Woodburn
(Akron)
Real Estate Law, Trusts and Estates
The
following Florida attorneys were listed as Top Lawyers in
the 2008 Edition of South Florida Legal Guide, a
publication of CEO Publishing Group, Inc.:
Rana M. Gorzeck
(Boca Raton)
Real Estate & Construction
Michael D. Mopsick
(Boca Raton)
Litigation,
Real Estate & Construction
Scott J. Topolski
(Boca Raton)
Litigation,
Labor & Employment
SPEAKING OUT __________________________________
Presentations recently given…
|
Date |
Title |
Presenting Attorney |
Sponsored By: |
|
August, 2007 |
Partnerships, LLCs and LLPs: Organization and
Operation in Ohio |
Andrew W. Bernat
Steve A. Dimengo
Christopher M. Ernst
Robert W. Malone |
Lorman Education Services |
|
August, 2007 |
Leasing Law School: 3 Hours to Graduation |
John P. Slagter
Nicholas T. George
Robert A. Hager
Henry
I. Reder
Patrick J. Keating
Anthony R. Vacanti
|
Dellagnese/BDB Seminar |
|
September, 2007 |
I Paid the Architect! Don’t I Own the Drawings? |
Henry I. Reder |
Akron Bar Association Real Property/Environmental Law Committee |
|
September, 2007 |
Representing the Design Professional and
Subcontractor in Ohio |
Michael F. Copley |
Ohio State Bar Association's Construction Law
Forum |
|
September, 2007 |
Wastewater Treatment Plant Construction:
Resolving Problems and Disputes |
Lisa J. Conomy |
Ohio Water Environment
Association's Annual Plant Operations seminar |
|
October, 2007 |
New Home Construction |
John P. Slagter |
Ohio State Bar Association
Residential Real Estate Transactions |
|
October, 2007 |
Fiduciary Duties of Members and Managers in LLCs
and Partners in Partnerships |
Christopher M. Ernst |
Buckingham, Doolittle & Burroughs' Annual
Business Law Seminar |
|
October, 2007 |
Land Use Law |
John P. Slagter |
Half Moon Seminars Ohio Land Law for Civil
Engineers and Land Surveyors |
|
November, 2007 |
Keeping Your Green Project from Bleeding Red |
Henry I. Reder |
Akron/Canton Construction Specification
Institute's Project and Technology Showcase |
|
November, 2007 |
Planning Commissions and Land Subdivisions |
James
L. Fisher |
Akron Bar Association's Real Property Section |
|
November, 2007 |
Real Estate Issues Affecting Estate Planners |
David W. Woodburn |
Cleveland Estate Planning Institute |
|
November, 2007 |
The Rights and
Obligations of Buyers and Sellers Prior to
Closing
Damages
Recoverable by Buyers and Sellers in the Event
of a Breach of a Sales Contract |
John A. Turner |
Lorman Education Services |
|
November, 2007 |
Construction Lien Law in Ohio |
Alan P. DiGirolamo |
Lorman Education Services |
|
November, 2007 |
Member Networking Social |
Michael F. Copley |
Associated Builders &
Contractors - Central Ohio Chapter |
|
November, 2007 |
Real Estate Issues Affecting Trust Officers |
David W. Woodburn |
KeyBank |
Save the date for these upcoming presentations…
|
Date |
Title |
Presenting Attorney |
Sponsored By: |
December 5
Columbus, Ohio
|
Development of Business and Industrial Parks in
Ohio |
Michael F. Copley |
Lorman Education Services Click
here
to register |
|
January 31, 2008
Columbus,
Ohio
|
What to Do When Construction Projects Go Bad |
Michael F. Copley
|
Lorman Education Services Click
here
to register |
|
February 22, 2008
Ohio
|
Ohio Law of Construction Defects and Failures |
Michael F. Copley
|
Half Moon Seminars |
·
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.
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