Construction Contracts and Acting in Good Faith

Business, Tax & Real Estate, Firm News, Legal News, Legal News for Businesses, Legal News for Individuals, Litigation, Michael W. Sandner, Real Estate

The Fifth Appellate District Affirms the Implied Duty to Act in Good Faith in Contract Matters It is well established in Ohio that “public policy dictates that every contract contains an implied duty for the parties to act in good faith and to deal fairly with each other.”  Gator Dev. Corp. v. VHH, Ltd., 2009-Ohio-1802…

Construction Contracts between Subcontractors

Business, Tax & Real Estate, Legal News, Legal News for Businesses, Legal News for Individuals, Litigation, Michael W. Sandner, Senney Says by Jeff Senney

Subcontractor Dispute Highlights the Significance of Accurate Verbiage in a Construction Contract Between Two Subcontractors. For clients engaged in the construction field, the use of “pay-when-paid” and “pay-if-paid” provisions in construction contract documents is likely a common occurrence.  However, a recent decision from the Summit County Court of Appeals illustrates the care that must be…

IRA Distribution after Divorce: Is it Subject to Income Tax and 10% Excise Tax?

Business, Tax & Real Estate, Legal News, Legal News for Businesses, Legal News for Individuals, Litigation, Senney Says by Jeff Senney

The US Tax Court in Rosenberg v. Commissioner, TC Memo 2019-124 has ruled that an IRA distribution, made after a couple divorced, was taxable and subject to the 10% excise tax because: (1) no exception to the 10% excise tax applied and (2) the Court did not find any equitable exception to taxing the distribution.…

Licensing Ohio Home Inspectors

Business, Tax & Real Estate, Legal News, Legal News for Businesses, Legal News for Individuals, Litigation, Michael W. Sandner

Ohio Moves Forward with Licensing for Home Inspectors On January 4, 2019, Governor John Kasich signed into law Ohio’s New Home Inspection Act.  Efforts to regulate home inspections, and require licensure for Ohio Home Inspectors has been ongoing for several years, but no legislation ever had enough support to pass until this year.  It will…