Earl K. Messer

Should Sureties Be Required To Arbitrate Disputes From Bonded Contracts Containing Arbitration Clauses?
Earl K. Messer, May 3, 2012
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...

Ohio Court Rules: No Liability Insurance Coverage for Damage to Any of Insured Contractor's Own Work
Earl K. Messer, March 22, 2012
An Ohio appellate court has joined other courts that have ruled that no liability insurance coverage exists for physical damage caused to a construction project by defective construction. In Myers v. United Ohio Ins. Co., the Ohio Fifth District Court of Appeals denied a homeowner’s claim on...

US EPA Reissues and Replaces 2008 Stormwater Construction General Permit For Five Year Term
Kim K. Burke,Earl K. Messer, March 9, 2012
On February 16, 2012, US EPA reissued and renewed the expiring 2008 Stormwater Construction General Permit (CGP) for a five-year term. The new permit covers stormwater discharges from disturbances of one or more acres of land. EPA states that the CGP is issued to “improve its readability,...