April, 2006
Volume 9, Issue 1

Buckingham, Doolittle & Burroughs’

Real Estate & Construction Practice Group presents Build On This

In this edition of Build On This, we are pleased to 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 of Buckingham ClevelandSM discusses change orders in construction contracts.  For current information on Real Estate & Construction Law please visit our web blog, Build on This.com.  As always, we welcome your opinions and feedback.  Thank you.

Case SummarieS

To preview the Case Summaries, click Here:  CASE SUMMARIES

Real Estate Cases

Ware v. Fairfax Bd. of Zoning Appeals (Dec. 9, 2005), 1st Dist. No. C-050149, 2005-Ohio-6516

Zoning:  Senior Daycare

 

Gonda v. Austintown Twp. Bd. Of Zoning, 7th Dist. No. 05 MA 14, 2006 Ohio 670

Zoning: Appeal from Administrative Hearing – New Evidence in Trial Court

 

Orchard Isle Mobile Home Park I Condo. Ass’n. Inc. v. Sandy Shores, 6th Dist. No. OT-05-018, 2006 Ohio 326

Lease: Perpetual Renewal Provision

 

Construction Cases

Cousino Constr. Co. v. Wilkins (2006), 108 Ohio St.3d 90, 2006-Ohio-162

Use Tax:  Janitorial Services

 

Higbee Co v. Cuyahoga Cty. Bd. of Revision (2006), 107 Ohio St.3d 325

Tax Valuation:  Real Property Factors

 

Rosenow v. Shutrump & Assocs. et al. (7th Dist. 2005), 163 Ohio App.3d 500, 2005-Ohio-5313

Negligence:  Statute of Limitations

 

 

FEATURE ARTICLE

 

Changing Change Orders...

 

By: Christopher M. Ernst

 

John P. SlagterWhere is the construction project that is completed without the necessity of a change or two somewhere throughout the process?  Typically, construction contracts provide for such changes by giving the owner a unilateral right to change the contract by paying a fair and reasonable compensation to the contractor for making such a change.  However, contracts usually do not afford the opportunity to a contractor to make changes without the express agreement of the owner. 

 

To read more on this feature article, click here FULL STORY.

 

 

 

WELCOME NEW ATTORNEYS

 

 

Michael F. Cosgrove, Associate

Buckingham ClevelandSM

216.736.4217

mcosgrove@bdblaw.com

Prior to joining the law firm, Mr. Cosgrove was the Assistant Director of Law for the City of Cleveland Law Department, where he worked in the Department’s Code-Enforcement section. While there, he handled all stages of trial and appellate code-related matters in state and federal courts.  He also prosecuted misdemeanor building, housing, and zoning code cases in the Cleveland Municipal Court’s Housing Division.  Mr. Cosgrove serves as an Adjunct Professor of Law, teaching client interviewing, counseling, and negotiation at Case Western Reserve School of Law.

 

Christopher M. Ernst, Partner

Buckingham ClevelandSM

216.736.4216

cernst@bdblaw.com

 

Mr. Ernst focuses his practice in commercial litigation, construction, general corporate law, litigation management, e-commerce, contracts, insurance defense and creditor’s rights.  He is the author of Tort Law, published by West, the only comprehensive treatise on tort law published for the state of Ohio.  Mr. Ernst is recognized as one of Ohio’s Super Lawyers™ in the 2004 through 2006 Cincinnati Magazine, as voted by his peers.  He has a Martindale-Hubbell Rating of AV, which indicates very high to pre-eminent legal ability and very high ethical standards as established by confidential opinions from members of the Bar.

 

 

KUDOS__________________________________________      

 

Nicholas T. George (Buckingham AkronSM) was featured in the March, 2006 Akron/Canton edition of Smart Business News.  The topic of the interview was how Buckingham, Doolittle & Burroughs attracts quality employees.

 

 

 

 

 

Craig S. Marshall (Buckingham AkronSM) was appointed Chairman of the Board of Trustees at The Village of St. Edward.  Mr. Marshall has been a Board Member since 2000.

 

 

 

 

 

SPEAKING OUT__________________________________

 

Out and About – Recent Presentations:

Christopher M. Ernst (Buckingham ClevelandSM) spoke at the Wintergreen Expo and Conference sponsored by the Ohio Landscape Association.  His topic was "Business Operations Update:  Hot Topics."  Mr. Ernst discussed the latest legal and tax issues.

 

Nicholas T. George (Buckingham AkronSM) was the keynote speaker at the annual event for Entrepreneurship.  He discussed the entrepreneurial spirit and how he has gone from a single practitioner to the president of the largest law firm in Summit County.  The event was held at the University of Akron.

 

Donald B. Leach, Jr. (Buckingham ColumbusSM) spoke at a National Business Institute sponsored seminar.  The topic was "Mechanics' Liens:  Boon and Bane of Ohio Construction."  He also presented "Elford:  Lunch & Learn on Mechanics' Liens."  Finally, Mr. Leach spoke at the Ohio State Bar Association's Titles to Real Estate Seminar.  His topic was "Liens and Encumbrances Affecting Real Estate."

 

Henry I. Reder (Buckingham ClevelandSM) discussed "Architectural Liability" to the Cleveland Chapter of the American Institute of Architects.  Mr. Reder also made a presentation to the Subcontractors Association of Northeastern Ohio on "Legal Issues Critical to Subcontractors."

 

 

On February 23, Buckingham, Doolittle & Burroughs sponsored the Annual Real Estate & Construction Law Seminar.  Speakers and topics were as follows:

 

Nicholas T. George (Buckingham AkronSM) was the Master of Ceremonies.

 

John P. Slagter (Buckingham ClevelandSM) presented "Recent Developments in Land Use and Eminent Domain."

 

Steven A. Dimengo (Buckingham AkronSM) spoke on "Section 1031 - Deferring Tax on Real Estate Sales."

 

David W. Woodburn (Buckingham AkronSM) discussed "Wealth Planning:  Protecting Your Real Estate Assets."

 

Robert A. Hager and Henry I. Reder (Buckingham ClevelandSM) presented "AIA Construction Contracts:  Pros, Cons and the Path Forward."

·  



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
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1.888.811.2825 - Buckingham Canton SM
1.888.843.2825 - Buckingham Cleveland SM
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Real Estate & Construction Web Blog  http://buildonthis.com/

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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.

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BDB also publishes Workfor$e, an Employment Law newsletter, Advisor, which is a general newsletter that addresses a variety of law practice areas, BDB Health & Medicine Reporter, geared towards professionals in the health care industry, and several Special Alert publications that cover changes in laws which 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.

This article may not be reprinted without the express permission of Buckingham, Doolittle & Burroughs, LLP © 2006.

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