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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.

Should Sureties Be Required To Arbitrate Disputes From Bonded Contracts Containing Arbitration Clauses?   

Earl Messer
Earl K. Messer

messer@taftlaw.com  

(513) 357-9652

 

One of the complaints about arbitration versus litigation is that, too often, the complaining party cannot proceed against all interested parties in the same proceeding.  This causes delay, additional expense and the risk of different tribunals coming to inconsistent decisions.  For example, is a surety is bound to arbitrate if the bonded contract contains a mandatory arbitration provision?  If so, is every aspect of the dispute with the surety subject to arbitration?  

 

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 Ohio Public Contracting Reform Comes Alive:  

First projects are taking advantage of the new project delivery methods     

Steven Weeks  

Steven W. Weeks  

weeks@taftlaw.com  

(513) 357-9307  

 

As practically every other federal and state jurisdiction adopted modern construction contracting structures, Ohio was stuck in the distant past, requiring most public agencies to award multiple parallel prime contracts (with optional use of an agency construction manager to coordinate them) - until the Summer of 2011, when long-awaited legislation finally allowed the range of project delivery methods common in other states, including:

  • General Contracting - the use of a single, lump sum prime contractor
  • CM at Risk - where the construction manager provides a guaranteed maximum price, engages subcontractors and bills the owner on a cost-plus "open book" basis, and
  • Design Build - where the design-builder, rather than the owner, engages the architect/engineer, or the design-builder may be a joint venture between a constructor and a design firm

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May 2012 Issue
Should Sureties Be Required To Arbitrate Disputes From Bonded Contracts Containing Arbitration Clauses?
Ohio Public Contracting Reform Comes Alive






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