Legal Insights | Spring 2012 | Nicola, Gudbranson & Cooper LLC
Legal Insights is a newsletter of timely and practical legal information that we hope you can use in your professional and personal pursuits. Please contact your attorney at Nicola, Gudbranson & Cooper if you have any questions or comments or if you would like to suggest topics of interest for future issues.
article divider
mechanic's liens
Avoid double jeopardy on your
construction project

How commercial property owners can protect themselves against mechanic's liens

Everyone recognizes the importance of paying bills. However, imagine being the owner of a construction project and finding out that even though you paid all your bills, you have to pay the bills for someone else with whom you do not have any type of agreement. If you do not pay those bills, that person can file a lien on your property and ultimately sell it at a foreclosure sale.

This is not far-fetched; it is reality. Welcome to the world of commercial construction, where an innocent owner can be forced to pay for its construction not once, but twice.

This article explains how Ohio's mechanic's lien law allows that to happen and lays out steps commercial property owners can take to avoid this risk of double jeopardy. The law and precautions described apply only to commercial projects; for residential projects, state law protects homeowners from having to pay twice for the same work.
Read the full article.
article divider
Reporting and preventing
child abuse

The events at Penn State University have certainly raised a new awareness as to the legal and moral obligations we have regarding the reporting of child abuse. You may wonder what laws and procedures come into play when an adult suspects or witnesses sexual abuse of a child or any other crime that takes place in or around your business or place of employment.
Read the full article.
article divider child abuse
article divider
Strategies for dealing with financially troubled customers
While some leading indicators show an upward trend in the economy, many business owners know that collecting receivables remains a challenge. In the last issue of Legal Insights, we discussed initial strategies for businesses to enhance their collections and reduce their credit risks. In this issue, we discuss tools you can use if problems persist.
Read the full article.
article divider dealing with financially troubled customers
article divider
How much time do people have to sue professionals for negligence?
For years, Ohio appellate courts have given mixed signals on when the statutory four-year time limit begins for bringing professional negligence cases against professionals other than doctors and lawyers. Do the four years start when a client discovers the harm or the relationship with the professional is terminated? Or does the clock start when the damage caused by the negligence actually occurs?
Read the full article.
article divider time limit
article divider
Foreclosures and other real estate proceedings
Are you involved in a complex or contested tax or mortgage foreclosure case? A number of our lawyers are experienced in representing owners, lienholders, governmental entities, loan purchasers and other interested parties in foreclosure cases and special proceedings involving real estate tax delinquencies, mortgage defaults, mechanic's liens and executions of judgments.

Contact your attorney at Nicola, Gudbranson & Cooper for more information.
Spotlight
article divider Owners and construction professionals turn to the construction law practice at Nicola, Gudbranson & Cooper for practical legal advice on issues ranging from complex commercial, industrial and residential contracts to mechanic's liens and bonding. We understand the flow of projects and the relationships of individuals and entities involved.
Read about our construction law practice.
article divider
Firm News
article divider Richard G. Witkowski was recently designated a certified fraud examiner (CFE), a credential that denotes education and expertise in fraud investigation, prevention, detection and deterrence. CFEs are specially trained to investigate and identify warning signs of fraud. A CFE is required to successfully complete a comprehensive examination administered by the Association of Certified Fraud Examiners. Witkowski is a trial lawyer and a certified public accountant (inactive) specializing in business disputes and litigation involving allegations of business fraud, breaches of fiduciary duty, accounting and legal malpractice and insurance coverage and commercial disputes.
Firm News
The award-winning website HowStuffWorks recently turned to Tim McGarry to help explain building codes to its readers ("How Building Codes Work"). McGarry chairs the construction law practice at Nicola, Gudbranson & Cooper and is a former chairman of the Ohio State Bar Association construction section.
Firm News
"Getting Your Affairs in Order: Things to Consider" was the title of a talk that Jim Juliano and Brenda L. Wolff delivered April 11 at the Church of St. Dominic in Shaker Heights. Juliano and Wolff discussed wills, trusts, financial powers of attorney, health care powers of attorney and living wills. The presentation was a program of the church's Senior Ministry.
Firm News
Arthur L. (Tim) Clements III is concluding a three-year term as chairman of the Suicide Prevention Education Alliance (SPEA), a nonprofit organization that teaches teens to recognize the symptoms of depression and the warning signs of suicide as well as how to get help. SPEA instructors have delivered its program to more than 92,000 students in 116 Northeast Ohio schools.
Firm News
McGarry was quoted in the March 12, 2012, Crain's Cleveland Business (subscription required) regarding the process for mechanic's liens against the Spire Institute sports complex in Geneva, Ohio. McGarry told the weekly newspaper that contractors might recover at least some of their claims if the facility goes through foreclosure and sale. McGarry and David V. Croft represent one of the lienholders, Air Control Products Inc.
Firm News
Juliano moderated the Cleveland Indians/Major League Baseball panel at the Cleveland State University Entertainment and Sports Law Association second annual symposium April 13 at Cleveland-Marshall College of Law. The symposium, titled "Cleveland and the Three Major Leagues: How the Recently Agreed NFL, NBA and MLB Collective Bargaining Agreements Will Help (or Hurt) Our Hometown Teams Win a Championship," was cosponsored by the Great Lakes Sports and Entertainment Law Academy. Juliano practices sports law in addition to providing general counsel services to businesses and public sector entities.
article divider
article divider
Nicola, Gudbranson & Cooper LLC
25 West Prospect Avenue, Suite 1400
Cleveland, Ohio 44115

Tel: (216) 621-7227
Fax: (216) 621-3999

www.nicola.com
Legal Insights
  |   email   print this page

Copyright 2012 by Nicola, Gudbranson & Cooper LLC

This newsletter contains general information that should not be considered legal advice or legal opinion concerning individual situations.
Legal counsel should be consulted for specific advice.