Ohio’s Prompt Payment Act May Not Apply to Upfront Payments?

In Ohio, whether you’re a general contractor, a construction manager, a subcontractor or a material supplier, you’re aware of the power of Ohio’s Prompt Payment Act.  The Prompt Pay Act (ORC 4113.61) requires that a contractor pay its subcontractor within 10 days of being paid by the owner for that subcontractor’s work.  (Subcontractors must pay […]

Buy-Sell Agreements in Construction – Even More Critical

Lawyers and other professionals talk all the time to Contractors about having good contracts or having their contracts reviewed, and rightfully so.  But one contract in particular that every construction business owner needs, and gets overlooked even more, is a buy-sell agreement. A “buy-sell” is a contract formed by the business owners that describes how […]

Labor Productivity: Lost & Too Often Forgotten

At a given construction project, there are a number of entitlements for Contractors and Subcontractors – payment for work performed being an obvious one.  Another less appreciated entitlement is labor productivity. Every Contractor and Subcontractor who bids on and enters into a contract for work has a right to be productive and efficient based on […]

Lien Waivers: A Subcontractor’s Land Mine

Working in the construction industry comes with numerous risks – many that are outside a contractor’s control, but many (in fact, most) that are.  One such risk is waiving rights to liens and claims in the middle of a construction project, through a lien waiver. What is a lien waiver?  This is not intended to […]

Five Ways to Lose Your Lien Rights

One of the strongest ways to secure payment rights on a construction project is through a mechanic’s lien. Contractors and subcontractors often “finance” construction projects with their work, which is paid for later.  And like the banks that finance projects with money and secure their capital with mortgage liens, contractors and subcontractors (and suppliers) use […]

Impacts from the Champlain Towers Collapse

By now you’ve heard about and seen images of the Champlain Towers-South Tower that collapsed suddenly in the early morning hours of June 24, 2021. As the Miami-Dade County Mayor said later that day, things like this just aren’t supposed to happen in the United States.  And she’s right.  The collapse was shocking, and something […]

Honoring Our Fallen Heroes

Yesterday, my family and I stopped at a local Veteran’s Memorial Park, in Avon Lake, Ohio, to honor some of our fallen soldiers and celebrate Memorial Day weekend.  My wife and I want our kids to learn to appreciate and understand the sacrifice that many have made for our country and what that means.  We […]

What is Indemnification?

Contract negotiation is a big part of what we do. Lawyers often write contract forms so that only lawyers can read them, so I like to walk a client through the proposed terms and different approaches we are taking. It’s important you understand what we’re doing and why it matters from a practical perspective. And […]

Truax Law Group | Building Collapse During Construction

Building Collapse During Construction

Renovation and rehabilitation projects continue to flourish in Ohio, as owners and developers prefer in some instances to salvage older structures. This is a good thing. These original buildings tell a story about who we are, and as an industry, we should work hard to keep, improve, and/or re-purpose them. These older structures, however, come […]

Pay-if-paid: 100% Valid, But Not Absolute

Pay-if-paid clauses. They are the thorn in every subcontractor’s and supplier’s side.  Even GC reps, while loving the risk protection these clauses provide, know they’re not fair.  And they only really exist in the construction industry.  Certainly your credit card company, your mechanic, or your butcher would never agree to be paid only after you […]

THE BEST HERE TO SERVE YOU

CONTACT US

Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt.
[contact-form-7 id=”312″]