Public Laws and Regulations, and
Construction and Environmental Issues
can be Complex
INVOLVING LEGAL COUNSEL
The area of public law and regulation is vast and often requires an attorney to sort through the array of legal requirements and interpret those requirements. The authority of government entities, public procedure, and administrative matters are just the tip of the iceberg of this complex area of the law. The Cullimore Law Firm believes that legal counsel should be involved in any matter to determine the rights and responsibilities of government entities and those who interact with government entities.
All too often, design professionals, contractors, and owners alike, rely on informalities when undertaking a large and costly endeavor that is a construction or environmental project or agreement. These entities also attempt to address legal issues on their own. The Cullimore Law Firm believes that legal counsel should be involved from the beginning of any project or issue to provide guidance and legal advice on the complexities of construction and environmental projects.
If legal counsel has not been a part of your team from the beginning, it is never too late to get legal counsel involved to navigate through problems, resolve disputes, or provide legal advice to help you get back on the right track.
Practice Areas & SERVICES
Click on a Practice Area for More Information or See Details Below
Purchasing, Procurement & Contracting
One of the most important documents for any project is the contract. A nod and a handshake do not provide much assistance when an issue arises on a project and you need to understand your options to resolve the issue.
In Ohio, a public entity has various purchasing and procurement options to contract with an entity for various services, and for bidding or selecting a firm through qualification-based selection for a construction project.
Whether it is contracting for a design professional or owner's representative; or for general contracting, multi-prime contracting, design-build, and construction manager at-risk, The Cullimore Law Firm can assist you with navigating the purchasing and procurement process, including document preparation and interpretation, bidding and qualifications-based selection processes.
Project Management & Administration
Understanding how a construction project works is key. An in-depth knowledge of the technical, practical and legal requirements improves any entities chances of having a successful project.
Having the right project team is crucial to project success. Including legal counsel with practical experience in managing and administering construction projects can support your organization in reaching its goals.
The Cullimore Law Firm can assist your organization by providing legal guidance to help you comply with your contract requirements and Ohio law, and assisting your organization with project management and administration best practices.
Construction Defects
Defective work happens. Defective work can be expensive.
Defective work can bring a project to a screeching halt and cause damage to surrounding work. Finding the right expert is critical in understanding the severity of defective work.
The Cullimore Law Firm can assist you in finding the right expert services and providing strategic management in the handling of defective work matters and claims.
mechanics Liens
The legal requirements for mechanics liens are different on public and private projects and the statutory requirements must be complied with or entities risk losing their rights under Ohio law.
The Cullimore Law Firm can assist your organization by providing legal and regulatory compliance services when asserting a lien claim or defending against a lien claim.
Prevailing Wage and Project Payment
Public projects in Ohio, with some exceptions, require that the public entity and its contractor abide by state prevailing wage requirements, and sometimes federal prevailing wage requirements.
Regardless, applications for payment are a reality on construction projects. These applications must be processed in accordance with the contract and must be reviewed properly to avoid over payment or under payment, and to make sure that the work being paid for is complete.
The Cullimore Law Firm assists clients in complying with contract and legal requirements related to payment on construction projects.
Storm water
Storm water matters involve two key concepts...science and the law. The interaction between these concepts is not always straight forward. It may be a simple concept that water flows downhill, but the law isn't always so clear when it comes to storm water disputes.
The Cullimore Law Firm can assist your organization with legal and regulatory compliance related to storm water.
Water & Wastewater
Water and wastewater projects and service agreements are highly technical and specialized. From small plants to plants that serve major cities and beyond, understanding your business is key to any new project, the operation and maintenance of facilities, and providing service to individual properties or outside service areas.
The Cullimore Law Firm assists clients by providing strategic management of legal matters related to project procurement, issues unique to water and wastewater projects, negotiating water and sewer service agreements, and navigating regulations.
Utilities
Underground and overhead utilities can present serious issues on construction projects and the coordination of such utilities and the rights associated with access to utilities can be critical to access to such utilities or resolving disputes related to utilities.
The Cullimore Law Firm can assist your organization by providing legal guidance related to utility infrastructure.
Environmental Law
When undertaking a construction project, environmental hazards can be encountered, whether it is during the initial investigation of the construction site or, unfortunately, discovered during construction.
When encountering issues relating to construction or building contamination, The Cullimore Law Firm can provide assistance in navigating the laws related to environmental issues.
Public Law and Construction
At any time during the construction of a project, whether it be in the planning stage or in the midst of your construction project when time is of the essence, the various rules, regulations, and laws often become an issue.
If you are building a project, or if you are a political subdivision with jurisdiction over a project, The Cullimore Law Firm can assist you in navigating the rules, regulations and laws related to zoning, local/state/federal building codes, ADA compliance, and more to help avoid delays and disputes.
Public REcords Act
OPEN MEETINGS ACt
The Ohio Public Records Act requires that public entities provide the public with access to public records; but, not all records are public, and not all requests are proper.
The Ohio Open Meetings Act requires that public bodies conduct public business in the open so that the public can observe such meetings and the actions of the public body. There are various regulations affecting public entities, and exceptions that permit public bodies to meet privately.
The Cullimore Law Firm provides assistance to public clients to help them better understand the Public Records and the Open Meetings Acts, and help guide public entities into compliance with the requirements of these laws.
Public Law - INteracting with Public Entities
Most construction projects require that you interact with building code officials and government agencies when planning, coordinating and construction your project. A times, you may even need to elevate matters to administrative hearings. Being prepared with the right team to address these issues critical.
The Cullimore Law Firm assists clients in managing the process of code compliance and public procedures to help the construction project become a success.
Property Matters - Easements &
Eminent DOmain
Companies, people and public entities often need access or need others to be permitted to access property. Proper easements and right-of-entries and common to provide such access.
At times, a public entity is in a position to use its statutory authority to acquire property. The Cullimore Law Firm can provide assistance with the statutory eminent domain process.
Warranties, Facilities Management, and Operation & Maintenance
All buildings require operation and maintenance. Deferred maintenance or improper maintenance can be a disaster. The proper procurement of such services is essential to help avoid problems with facilities. And understanding when and what warranties are at play are just as essential.
The Cullimore Law Firm assists clients in the procurement of operation and maintenance services, and assists clients in the investigation and resolution of disputes relating to improper and deferred maintenance, as well as warranty claims.
Ethics & Education
Ethics are important. Codes exist for public agencies, design professionals, attorneys, and others. But, complying with codes may not be enough. When acting in the public interest it is important to ensure that you are doing the right thing.
The Cullimore Law Firm can assist with legal and regulatory compliance relating to ethics in the construction industry, and provides educational opportunities to discuss issues pertaining to ethics.
Dispute Resolution
The best way to resolve a dispute is to avoid it in the first place. By working with your project team, including legal counsel, your project will be in a better position to resolve issues before they escalate to a full blown dispute. But, if an issue is not resolved before it escalates, you will need to be poised to respond accordingly and in a strategic manner.
The Cullimore Law Firm provides assistance with dispute resolution strategies and procedures, including claims management, mediation, arbitration, and litigation.
The Cullimore Law Firm also assists clients with administrative hearings and appeals, and other court related proceedings.
Upcoming presentations and activities
More Seminars and Presentations Pending.
Disclaimer
The information presented in this website is not legal advice. Any results discussed on this website should not be construed as typical, or be construed that a similar result will be achieved for any particular matter as each matter has specific factual and legal circumstances that may affect possible outcomes. Nothing presented in this website shall be interpreted that The Cullimore Law Firm will influence improperly a government agency or official, or otherwise achieve results by means that violate the Ohio Rules of Professional Conduct or other law.