Legal News

Dear Luvvvers of All That is Good About Construction, It has been rumored that the construction industry is filled with the most romantic people on earth. We dig the romantics out there. Valentine’s Day is a bit of a respite from winter’s grip on construction projects. YouDig? offers you 7 things we love to make your heart beat a little quicker this cold winter’s day......By: Buckingham, Doolittle & Burroughs, LLC

Dear YouDig?, We are getting scammed by one of our suppliers but we can’t seem to pin down the proof. They say they give us 20 tons of the stone per order. Our scales consistently come in at 18 tons. Over and over again. We think we can trap them into admitting they are shorting us. One of our project managers wants to record his phone calls with the supplier’s representative. We are not the FBI. Is this legal? -Faux Fibbie......By: Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? We are thrilled to be adding a four story children’s wing to our hospital. Construction was progressing well and near completion. Last week a blizzard with sub-zero temperatures blew through. When we returned to the site after the storm it looked like the abominable snow man wreaked havoc on our new wing. Power went out. Pipes froze and burst on the top floor......By: Buckingham, Doolittle & Burroughs, LLC

Dear YouDig?, Seriously, we run into contractors that will lie, lie, lie and then after taking a breath will lie some more. They did the work. They followed specs. They received verbal authority. They have the troops......By: Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? We are a well-established and successful multi-national manufacturer. We sought to hire a certain specialty construction firm to be general contractor for several of our plant expansions. Well, we started exchanging contract language and out of nowhere, they demanded that we give “reasonable evidence of our financial arrangements” up front. They also want to look over our shoulder while the project is progressing......By: Buckingham, Doolittle & Burroughs, LLC

Dear YouDig?, We are a subcontractor and we pride ourselves on being ethical and fair in all aspects of our business. Why is it then that we seem to end up getting burned by dishonest, shady, disgusting creeps?......By: Buckingham, Doolittle & Burroughs, LLC

Dear YouDig?, We are a tree service contractor and some shady property manager is trying to give us a haircut. We don’t want a haircut. We like our hair AS IS. We had a contract. We changed the scope through agreed upon change orders. We finished all of the work on time. No complaints. Now, a month later, it is time to pay. The manager is challenging our work and offering only 2/3 of the balance due......By: Buckingham, Doolittle & Burroughs, LLC

I. EXEMPTIONS - Resale Exemption - Domokur Aviation Services, LLC v. McClain, Ohio BTA Case No. 2019-694 (September 15, 2020). Applying the Supreme Court’s decision in Pi in the Sky, LLC v. Testa, 155 Ohio State 113, 2018-4812, which involved parallel facts, the BTA denied the resale exemption for a $2.9 million aircraft purchase. The BTA cited the following factors to support its finding that the taxpayer was not engaged in a for-profit business operation to support the resale exemption: •...

Dear YouDig?, We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as designed, in a workmanlike manner.......By: Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Readers, Baseball is back this week. We hope. (Dear Baseball, please make it back as Covid life is feeling a bit heavy). Like any great construction project (and life), baseball seasons are long and full of adjustments. Even MLB’s 60 games planned for the 2020 season without fans will require incredible coordination and strong performances from management, coaches, health experts and the players to succeed. We can hardly imagine major league baseball with few fans but we can...By:...