Columbus Ohio Building Expert Directory

Can’t Get a Written Change Order? Document, Document, Document

August 29, 2018 — Todd M. Heffner - Smith Currie
Most construction contracts require that any changes to the work be made formally, in writing, via a change order, work directive, or similar written document. Frequently, however, changes to the work or extra work are communicated orally by the architect, engineer, or owner’s representative, instead of in writing. What is the contractor to do in such a situation? The best option is follow the provisions of the contract and demand a written change order before performing changed work. Unfortunately, the realities of construction sometimes make it impossible to get the changes in the proper format in a timely manner. Savvy contractors will maintain schedule and produce written documentation of the change in lieu of a formal change order or directive. But many contractors will simply proceed with the changed work, relying on the owner, architect, or engineer to do the right thing and stand by their oral instructions. Read the court decision
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Reprinted courtesy of Todd M. Heffner, Smith Currie
Mr. Heffner may be contacted at tmheffner@smithcurrie.com

Corvette museum likely to keep part of sinkhole

June 26, 2014 — Bruce Schreiner – Bloomberg
A massive sinkhole that swallowed eight prized sports cars at the National Corvette Museum has become such a popular attraction that officials want to preserve it — and may even put one or two of the crumpled cars back inside the hole. The board of the museum in Bowling Green, Kentucky, said Wednesday it is in favor of preserving a large section of the sinkhole that opened up beneath the museum in February. It happened when the museum was closed, and no one was injured. What started as a tragedy has turned into an opportunity to lure more people off a nearby interstate to visit the museum, which struggled in prior years to keep its doors open, museum officials said. Read the court decision
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Reprinted courtesy of Bruce Schreiner, Bloomberg

First Look at Long List of AEC Firms Receiving PPP Loans

July 20, 2020 — Tom Ichniowski & Scott Blair - Engineering News-Record
Thousands of construction and design firm from all parts of the U.S. appear on lists of companies that have received federal Paycheck Protection Program forgivable loans, according to federal documents just made public. Reprinted courtesy of Tom Ichniowski, Engineering News-Record and Scott Blair, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Mr. Blair may be contacted at blairs@enr.com Read the full story... Read the court decision
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California Courts Call a “Time Out” During COVID-19 –New Emergency Court Rules on Civil Litigation

May 04, 2020 — Tara C. Dudum - Newmeyer Dillion
“We are at this point truly with no guidance in history, law, or precedent. To say that there is no playbook is a gross understatement of the situation.” -Chief Justice and Chair of the California Judicial Council, Tani G. Cantil-Sakauye Seeking to sustain essential court services while balancing weighty considerations, including litigants’ due process rights, access to justice, and stringent health and safety orders, the California Judicial Council has adopted Emergency Rules in response to the ongoing coronavirus pandemic (COVID-19). While many of the Emergency Rules focus on criminal and juvenile dependency matters, this update highlights the Emergency Rules immediately impacting civil litigation in California state courts. The following Emergency Rules remain in effect until 90 days after the Governor lifts the state of emergency or the rule is amended or repealed by the Judicial Council: Tolling of Statutes of Limitation in Civil Actions Effective April 6, 2020, the statutes of limitation (the time period in which to bring a claim) for all civil causes of action is tolled until such time as the rule is no longer in effect. The impact of this rule is that it provides plaintiffs with more time to bring claims and extends the time period that defendants may face legal action for alleged violations of the law. Read the court decision
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Reprinted courtesy of Tara C. Dudum, Newmeyer Dillion
Ms. Dudum may be contacted at tara.dudum@ndlf.com

Maybe California Actually Does Have Enough Water

September 06, 2021 — Francis Wilkinson - Bloomberg
It’s hard to know how much to panic over California’s dwindling water supplies. The state has never really had enough water, after all, yet lawns in Beverly Hills somehow remain perpetually green. Earlier this month, however, came a sign that life might soon be getting more uncomfortable for more Californians. On Aug. 3, the State Water Resources Control Board voted 5 to 0 to issue an “emergency curtailment” order for the Sacramento-San Joaquin Delta watershed. Last week the order was submitted to the state’s Office of Administrative Law, which is likely to approve it. The watershed covers about 40% of the state, stretching roughly from Fresno to Oregon, and is California’s largest source of surface water. About 5,700 holders of water rights, largely in agriculture and business, will be affected by the reduction in water access. Although many farms have already drawn most of the water they need for the season, the board’s move was a sign that ancestral water rights won’t be a guarantee of actual water if drought persists. Read the court decision
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Reprinted courtesy of Francis Wilkinson, Bloomberg

Boston Team Obtains Complete Defense Verdict for Engineering Firm in Professional Liability Matter

June 08, 2020 — Kenneth Walton & Oliver Vega - Lewis Brisbois
Boston, Mass. (June 5, 2020) - Boston Partner Kenneth B. Walton and Associate Oliver J. Vega recently obtained a complete defense verdict after a 10-day bench trial in the U.S District Court for the District of South Carolina. The plaintiff in this matter, who is the owner of a newly acquired food processing facility, alleged breach of contract and breach of fiduciary duty claims against our client, a Massachusetts engineering firm, arising out of allegedly defective design and construction management services provided during the renovation of and addition to said facility. Reprinted courtesy of Kenneth Walton, Lewis Brisbois and Oliver Vega, Lewis Brisbois Mr. Walton may be contacted at Ken.Walton@lewisbrisbois.com Mr. Vega may be contacted at Oliver.Vega@lewisbrisbois.com Read the court decision
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Mendocino Hospital Nearing Completion

December 04, 2013 — CDJ STAFF
The Frank R. Howard Memorial Hospital is well underway on its plans to move to a larger facility. The new building in Willits, California, will be more than twice the size of the old building at 74,000 square feet. Construction has reached the halfway point after just over three months of construction. Despite that, plans are to put the facility into use in January 2015. The general contractor for the project is HBE Corporation. Rick Bockmann, HBE’s chief executive officer, said that the hospital was “on schedule and on budget.” Read the court decision
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Defect Claims Called “Witch Hunt”

November 20, 2013 — CDJ STAFF
Saying that “it was blatantly obvious that LAWA’s airport maintenance has culpability in this matter,” Tutor-Saliba Corp is claiming that the recent lawsuit from Los Angeles World Airports, the operators of LAX, is “an apparent witch hunt.” The airport has claimed that Tutor-Saliba’s work in building the runway was defective. The firm notes in response that their warranty against defects expired in 2009 and claims that some of the areas with problems are areas they did work. Instead of defective workmanship, Tutor-Saliba has suggested that the problems with the runway are due to poor maintenance. Their suggestion is that LAX review its maintenance procedures. Read the court decision
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COLUMBUS OHIO BUILDING EXPERT DIRECTORY AND CAPABILITIES