Ohio State University, Columbus, violated state statutes governing a $1-billion campus hospital project that required it to mandate a payment bond for site subcontractors, according to a lawsuit filed on Nov. 23 in the Ohio Supreme Court by the American Subcontractors Association and its local chapter. The trade group for sureties joined in the suit. The complaint contends OSU’s decision not to require the project’s construction managers, Turner Construction and Bovis Lend Lease, to post the bond places the subs on the project, called ProjectONE, at financial risk, since they are required to waive their mechanic’s lien rights. “Construction subcontractors
Ohio architect Karlsberger Inc. plans to continuing pursuing a claim for $1.3 million in unpaid fees on a $1-billion hospital project at Ohio State University, in the wake of a Dec. 6 ruling by a state claims court judge that dismissed its 2009 suit against the school. Photo: Ohio State U. 1-million-sq-foot hospital addition will cost $1 billion The Columbus-based firm is seeking compensation for completed work after the university terminated it on its 1-million-sq-ft ProjectONE cancer care and medical center. The firm, which was replaced in its role on the project by HOK, the job’s master planner, had also
A case with potentially far-reaching ramifications for employers came closer to a decision on Dec. 8 when the nation’s top court heard oral arguments. Photo: AP Customs agents patrol the border at Nogales, Arizona. Related Links: The 2007 Immigration Bill Battle The ‘Death Penalty’ Law and President Obama At issue in the case--Chamber of Commerce v. Whiting--is whether an Arizona law that imposes sanctions on employers that knowingly hire illegal immigrants can stand, or whether federal immigration law should preempt the statute. Other states that would like to enact similar legislation or have laws already in place are watching the
Construction industry sources say the latest legal skirmish over Arizona’s controversial immigration law underscores the need for comprehensive immigration reform at the national level. The law, signed April 23, allows police to detain an individual under “reasonable suspicion” of being an illegal alien. The case could ultimately go to the U.S. Supreme Court, say political observers. Photo courtesy of the office of Jan Brewer Arizona Gov. Jan Brewer (R) has suggested bringing in the state legislature for a special session to modify its controversial immigration law. “This is a federal issue and it needs to be addressed,” says Kelly Knott,
The state of Arizona asked a federal appeals court on July 29 to overturn a preliminary injunction by a U.S. district judge that prevents portions of the state’s controversial immigration law from going into effect. Arizona Gov. Jan Brewer (R) said, “I will battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona,.” The state filed an expedited appeal with the U.S. Court of Appeals for the Ninth Circuit. U.S. District Judge Susan Bolton put a temporary hold on portions of the law on July 28, one day before it was
The only person criminally prosecuted for the deadly collapse of a 200-ft tower crane in Manhattan was acquitted last week of all charges, but New York City’s sweeping safety reforms following the accident remain in place. Photo By Hermann/ny Daily News Rigger accused of mansalughter is free, but questions about crane collapse continue. New York Supreme Court Judge Roger Hayes’ tersely worded verdict declared master rigger William Rapetti not guilty on a multitude of charges, including manslaughter and negligent homicide for his role in the collapse that killed seven and injured dozens more. But several regulations imposed by the city’s
The Justice Dept. has filed a lawsuit seeking to bar Arizona's new immigration law from taking effect, contending that the state statute is unconstitutional and will "undermine" federal immigration enforcement. Related Links: Arizona's Immigration Law Troubles State's Contractors Justice Dept. Complaint Statement by Arizona Gov. Jan Brewer (R) Statement by Arizona Senators McCain (R) and Kyl (R) At issue is Arizona Senate Bill 1070, which Gov. Jan Brewer (R) signed into law on April 23. The measure, which is to take effect on July 29, directs police, while stopping an individual, to try to determine that person's immigration status when
The second major eminent domain decision in 13 months for the New York State Court of Appeals has Columbia University poised to move ahead on its $6.3-billion expansion in Harlem in upper Manhattan. Image: Columbia University In A recent court decision clears Columbia University to move forward on its planned 17-acre expansion, the southwestern corner of which is shown in the above rendering. In a unanimous decision, a panel of judges in Albany, N.Y., overturned an earlier ruling that prevented the state from seizing by eminent domain a small amount of property currently home to private businesses. Columbia already owned
The Tampa-Hillsborough Expressway Authority on May 25 filed a countersuit at the Hillsborough County Circuit Court in Tampa, Fla., against locally based PCL Civil Contractors Inc. PCL, which built and rebuilt reversible lanes on the Selmon Crosstown Expressway, filed suit April 1 againist the agency. It seeks $21 million that it claims it is owed and alleges breach of contract. In the countersuit, the authority contends that PCL owes a refund of $6 million. According to Authority General Counsel Patrick Maguire, five items were paid either as a result of fraud, misrepresentation or deliberate overbilling.
Arizona officials have enacted new “prompt pay” rules to keep cash flowing to struggling contractors, caught by banks and developers that have been withholding project payments in tough times. Gov. Janice K. Brewer (R) on May 11 signed into law a bill establishing retainage and final-payment timetables for properly completed construction work. Failure to comply results in penalties of 1.5% monthly interest charges. “Retention issues should be dealt with immediately and not be dragged out for cash-flow purposes, ” says Michael F. Markham Sr., president of Markham Contracting Co. Inc., Phoenix. “The banks have been a problem with this. They