ohio 15 2013

8
It’s a testimony to both men that Joshua McNary’s former employer, Jerry Baden of TVEK Enterprises, helped he and partner, William Lockhart get their start in business, named LoMc LLC, in the fall of 2012 with a screening plant they built them- selves. When they landed a job recovering iron from an old Republic Steel dump site in Canton, Ohio, they were tasked with processing a five acre mound averaging 60 to 70 ft. (18 to 21 m) deep. Faced with moving a mountain to separate slag from the reusable iron, McNary and Lockhart soon set about searching for equipment that would deliver greater efficiency. The first screening plant they tried out was an improvement but still didn’t provide the processing speed they’d need if they were to stay in business. A call to Chris Harris of Ohio CAT put them on the road to profitability. According to McNary, Harris introduced them to IROCK’s screening plants which turned out to be exactly what they had in mind for the job. They’re currently running an IROCK TS- 522 triple deck tracked screener and an IROCK TS-522 double deck tracked screen- er on the job. In the first stage of the process, they load materials into the triple deck screener to separate materi- als into piles of 2x slag. Slag fines and the remaining materials are conveyed past a Dings #33 magnet to separate out iron from 304 slag. The second stage is to run the iron materials through the IROCK TS-522 double deck tracked screener to sepa- rate 2-3/4 in. iron from 3/8 to 1/8 in. iron and a final recovery of fines. According to McNary, with the sepa- ration of fines, their pace is 3,000 tons (2,722 t)per day. He added that if they were running 1/2 in. material they could double the amount processed daily. In all, they’ve processed more than 2 million tons (1.8 million t) of materials at the site. The iron they process is sent to steel mills in Ohio, Michigan and other nearby states to be melted down and reused while the slag will be used for fill. McNary explained that the material they’re recovering is rated at 68 percent FE. The recovered iron also contains lime, phos- phorous, nickel and cadmium, all materials that would need to be added to a mill’s fur- nace to produce iron products if virgin iron was used. Currently the mills they supply LoMc Credits Ohio CAT, IROCK, Hard Work to Success OHIO STATE EDITION A Supplement to: Your Ohio Connection: Ed Bryden, Strongsville, OH • 1-800-810-7640 “The Nation’s Best Read Construction Newspaper… Founded in 1957.” July 20 2013 Vol. XVIII • No. 15 6 24 199 23 4 4 30 30 30 422 68 68 22 22 50 35 25 50 52 6 6 27 22 80 80 90 76 71 71 75 70 75 71 77 77 74 70 70 see PARTNERS page 4 LoMc LLC’s William Lockhart (L) and Joshua McNary credit hard work, Ohio CAT and IROCK with their ongoing success. Finished product piles up after being processed by the IROCK TS-522 double deck tracked screener. LoMc LLC employs two IROCK TS-522 conveyor systems and Dings magnets to stockpile recycled iron destined for steel mills in Ohio, Michigan and surrounding states. Joshua McNary with a hand held magnet shows the iron content in this screened material. In the initial processing stage, slag fines come off the IROCK TS-522 triple deck tracked screener.

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Ohio 15 2013

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Page 1: Ohio 15 2013

It’s a testimony to both men thatJoshua McNary’s former employer,Jerry Baden of TVEK Enterprises,helped he and partner, WilliamLockhart get their start in business,named LoMc LLC, in the fall of 2012with a screening plant they built them-selves. When they landed a job recovering

iron from an old Republic Steel dumpsite in Canton, Ohio, they were taskedwith processing a five acre moundaveraging 60 to 70 ft. (18 to 21 m)deep. Faced with moving a mountain to

separate slag from the reusable iron,McNary and Lockhart soon set aboutsearching for equipment that woulddeliver greater efficiency. The firstscreening plant they tried out was animprovement but still didn’t providethe processing speed they’d need if theywere to stay in business. A call to Chris Harris of Ohio CAT put

them on the road to profitability. Accordingto McNary, Harris introduced them toIROCK’s screening plants which turned outto be exactly what they had in mind for thejob. They’re currently running an IROCK TS-

522 triple deck tracked screener and anIROCK TS-522 double deck tracked screen-

er on the job. In the first stage of theprocess, they load materials into thetriple deck screener to separate materi-als into piles of 2x slag. Slag fines andthe remaining materials are conveyedpast a Dings #33 magnet to separateout iron from 304 slag. The second stage is to run the iron

materials through the IROCK TS-522double deck tracked screener to sepa-rate 2-3/4 in. iron from 3/8 to 1/8 in.iron and a final recovery of fines.According to McNary, with the sepa-ration of fines, their pace is 3,000 tons(2,722 t)per day. He added that if theywere running 1/2 in. material theycould double the amount processeddaily. In all, they’ve processed morethan 2 million tons (1.8 million t) ofmaterials at the site.The iron they process is sent to steel

mills in Ohio, Michigan and other nearbystates to be melted down and reused whilethe slag will be used for fill. McNary explained that the material

they’re recovering is rated at 68 percent FE.The recovered iron also contains lime, phos-phorous, nickel and cadmium, all materialsthat would need to be added to a mill’s fur-nace to produce iron products if virgin ironwas used. Currently the mills they supply

LoMc Credits Ohio CAT, IROCK, Hard Work to Success

OHIO STATE EDITION A Supplement to:

Your Ohio Connection: Ed Bryden, Strongsville, OH • 1-800-810-7640

“The Nation’s Best Read Construction Newspaper… Founded in 1957.”

July 202013

Vol. XVIII • No. 15

624

199

23

4

4

3030 30

422

68

68

22

22

50

3525

50

52

6

6

27

22

80

80

90

7671

7175

70

75

71

77

77

74

70

70

see PARTNERS page 4

LoMc LLC’s William Lockhart (L) and Joshua McNary credit hard work, Ohio CATand IROCK with their ongoing success.

Finished product piles up after being processed by theIROCK TS-522 double deck tracked screener.

LoMc LLC employs two IROCK TS-522 conveyor systemsand Dings magnets to stockpile recycled iron destinedfor steel mills in Ohio, Michigan and surrounding states.

Joshua McNary with a hand held magnet shows theiron content in this screened material.

In the initial processing stage, slag fines come off theIROCK TS-522 triple deck tracked screener.

Page 2: Ohio 15 2013

Page 2 • July 20, 2013 • www.constructionequipmentguide.com • Ohio State Supplement • Construction Equipment Guide

The Ohio State Department of Transportation received bidsfor transportation-related improvement projects.The following is a list of some of the projects let.

Project No: 120560Type: Bridge repair.Location:HAR-SR-31-11.23, PART 1;HAR-68/67-9.40/13.13, PART 2.State Estimate: $1,360,000Contractors and Bid Amounts:

• Miller Brothers Construction Inc., Archbold, Ohio —$1,434,736

• Miller Contracting Group Inc., Ottoville, Ohio —$1,575,378

• Complete General Construction Company, Columbus,Ohio — $1,598,666

• Vernon Nagel Inc., Napoleon, Ohio – $1,615,030• R & I Construction Inc., Tiffin, Ohio — $1,635,366• Velotta Company, Sharon Center, Ohio — $1,645,536• Eagle Bridge Company, Sidney, Ohio — $1,862,830

Completion Date:Aug. 31, 2013

Project No: 120562Type: Bridge repair.Location: LAK-SR-2-12.62.State Estimate: $1,793,000Contractors and Bid Amounts:

• J D Williamson Construction Company Inc.,Tallmadge, Ohio — $1,729,417

• Great Lakes Construction Company, Hinckley, Ohio— $1,890,602

• Ruhlin Company, Sharon Center, Ohio — $1,909,634• Becdir Construction Company, Berlin Center, Ohio —

$2,177,568• Keffler Bridge Company, Canfield, Ohio —

$2,212,210• Dot Construction Corporation, Canfield, Ohio —

$2,232,639• Union Industrial Contractors Inc., Ashtabula, Ohio —

$2,236,530Completion Date:Oct. 15, 2013

Project No: 120568Type:Major reconstruction.Location: STA-SR-183-18.87.State Estimate: $4,078,000Contractors and Bid Amounts:

• Marucci & Gaffney Excavating Company,Youngstown, Ohio — $4,541,367

• Fechko Excavating Inc., Medina, Ohio — $3,938,911• Karvo Paving Company, Stow, Ohio — $4,597,255• S E T Inc., Lowellville, Ohio — $4,606,043• Wenger Excavating Inc., Dalton, Ohio — $4,764,139• Central-Allied Enterprises Inc., Canton, Ohio —

$5,225,331Completion Date:Oct. 15, 2013

Project No: 120569Type: Two lane resurfacing.Location:WAR-SR-48/73-23.08/7.20.State Estimate: $4,549,000Contractors and Bid Amounts:

• John R Jurgensen Company, Cincinnati, Ohio —$4,304,363

• Barrett Paving Materials Inc., Middletown, Ohio —$4,498,967Completion Date: July 31, 2013

Project No: 120573Type: Pavement marking.Location: FUL-VA-PM-FY2013.State Estimate: $1,618,000Contractors and Bid Amounts:

• Dura Mark Inc., Streetsboro, Ohio – $1,539,191• Oglesby Construction Inc., Norwalk, Ohio —

$1,566,942• Aero-Mark Inc., Streetsboro, Ohio — $1,583,000• A & A Safety Inc., Amelia, Ohio — $1,727,642

Completion Date:Nov. 15, 2013

Project No: 120577Type: Two lane resurfacing.Location: TUS-SR-258-0.00.State Estimate: $2,961,000Contractors and Bid Amounts:

• Shelly & Sands Inc., Columbus, Ohio — $3,016,804• Newton Asphalt Paving Inc., Strasburg, Ohio —

$3,359,153Completion Date:Aug. 31, 2013

Project No: 123009Type: Four lane resurfacing.Location: TRU-IR-80-4.70.State Estimate: $10,900,000Contractors and Bid Amounts:

• Marucci & Gaffney Excavating Company,Youngstown, Ohio — $9,772,512

• Great Lakes Construction Company, Hinckley, Ohio— $10,422,500

• Shelly & Sands Inc., Columbus, Ohio — $11,082,250• Beaver Excavating Company, Canton, Ohio —

$11,193,050 • J D Williamson Construction Company Inc.,

Tallmadge, Ohio — $12,923,558• Trumbull Corporation, Pittsburgh, Pa. — $13,236,572

Completion Date: Sept. 30, 2013

Project No: 120554Type: Two lane resurfacing.Location: BUT-SR-130-0.00.State Estimate: $1,029,000Contractors and Bid Amounts:

• John R Jurgensen Company, Cincinnati, Ohio —$1,011,957

• Barrett Paving Materials Inc., Middletown, Ohio —$1,045,356Completion Date: July 12, 2013

Wood • Hamilton • Stark • Henry • Greene • Knox • Franklin • Clermont • Crawford • Union • Cuyahoga • Brown • Licking • Medina• Williams • Harrison • Adams • Mercer • Butler • Clark • Ashtabula • Sandusky • Portage • Athens • Logan • Lake • Erie • Wyandot• Warren • Fairfield • Miami • Paulding • Darke • Muskingum • Ottawa • Holmes • Jefferson • Trumbull • Summit • Washington • VanVert • Licking • Wood • Hamilton • Stark • Henry • Greene • Knox • Franklin • Clermont • Crawford • Union • Cuyahoga • Brown •Licking • Medina • Williams • Harrison • Adams • Mercer • Butler • Clark • Ashtabula • Sandusky • Portage • Athens • Logan • Lake

OHIO...

‘Buckeye State’ Highway Lettings

Page 3: Ohio 15 2013

Construction Equipment Guide • Ohio State Supplement • www.constructionequipmentguide.com • July 20, 2013 • Page 3

Rudd service can get to those hard-to-reach places.

Like the ones that don’t exist yet.

WWW.RUDDEQUIPMENT.COM CALL: 1-877-DIG-RUDD

If there’s one thing more hardworking and reliable than Rudd’s equipment, it’s Rudd’s service and maintenance. Rudd’s freight system and 13 service branches across nine states, together with our award-winning master technicians, mean we can deliver replacement parts, equipment and service to your site by the next morning. It’s that kind of 24/7 service that proves how committed Rudd is to going the distance for you.

Page 4: Ohio 15 2013

Page 4 • July 20, 2013 • www.constructionequipmentguide.com • Ohio State Supplement • Construction Equipment Guide

LoMc Lauds IROCK Ironon Recent Recycling Jobcan’t take any recycled materials under 3/8in. so the iron fines are being saved for aprocess called water jigging which separatesmaterials by density for a high grade iron.According to McNary, his old employerJerry Baden is working on improvements tothe water jig process for a higher productionlevel.According to McNary, having IROCK

machines on the job has helped the companyland a new recycling job in Lorain, Ohio ona 400 acre site averaging 70 ft. (21 m) deepthat could keep them busy for the next 20years.Regarding the IROCK screening plants,

McNary said that while not all of the featureshe found beneficial are unique to IROCK,it’s the features combined in one machinethat make the IROCK screeners stand out. Key features start with the remote con-

trolled grizzly on the initial feed that allowsthe operator to dump oversized materialsfrom the loader. Another feature is the easeand speed with which they can change theangle of the screens to remove fines.

McNary also is impressed with the vibrationspeed, adding that while it’s not consideredhigh frequency, it’s as close as it gets with aportable plant. McNary said the tracks on the plants

make a huge contribution to their productiv-ity, allowing them to move with the pile ofmaterials, making set up time incrediblyquick.He said that both IROCK and Ohio CAT

are great to work with. Both companies areextremely responsive to their needs, provid-ing a level of support that indicates a vestedinterest in their ongoing success.Maintenance and service issues have beentreated with a demonstrated concern forLoMc LLC’s success.LoMc LLC, which currently has six

employees, with plans to add four to fivemore, now has four IROCK plants, two Catexcavators, and two Cat wheel loaders alongwith other miscellaneous equipment.

(This story also can be found onConstruction Equipment Guide’s Web site atwww.constructionequipmentguide.com.)

PARTNERS from page 1

State Awards $7.2 Million toImprove Walkways, PathsThe Ohio Department of Transportation

(ODOT) announced in late May $7.2 mil-lion for 58 different Safe Routes to Schoolprojects in local communities all over Ohio. The funding will be used to help commu-

nities improve safety for school children bybuilding or improving sidewalksand crosswalks. It will also pro-vide more education and encour-agement to help children learnhow to be safe when walking orbicycling to school.“Improving safety invites a pos-

itive chain reaction in our neigh-borhoods,” said Karen WaldbilligKasich, Ohio first lady and OhioSafe Routes to school ambassador.“These projects will not onlyencourage students and families to walk andbicycle to school, but also reduce traffic andpollution — improving both the health andsafety of our communities.” Ohio’s Safe Routes to School Program is

designed to assist communities in develop-ing and implementing projects and programsthat encourage and enable children in grades

k-8, including those with disabilities, to walkor bike to school safely.“Our goal with these projects is to help

communities improve safety,” said ODOTDirector Jerry Wray. “We believe the SafeRoutes to School program is a great way to

encourage safer behavior by working withlocal communities and their kids.”Local and regional governments, schools

and community organizations are eligible toapply for funding.

(This story also can be found onConstruction Equipment Guide’s Web site atwww.constructionequipmentguide.com.)

“Our goal with these projectsis to help communities improvesafety.”

Jerry WrayOhio Department of Transportation

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2006 S160 Bobcat Skid Steer Loader, 1040 Hrs, Cab Heat &Air, CN 84032 ..................................................................$22,500

2011 S185 Bobcat Loader, 780 Hrs, Joysticks, Open ROPS,(6 Available) CN 80149 ..................................................$24,000

2005 S220 Bobcat Loader, 2040 Hrs, Cab, Heat & Air, CN 85831..........................................................................$23,000

2005 S250 Bobcat Loader, 2485 Hrs, Open ROPS, CN 85442..........................................................................................$19,000

2005 S250 Bobcat Loader, 1300 Hrs, Cab & Heat, HandControls, CN 83132 ........................................................$27,500

2012 S650 Bobcat Loader, 780 Hrs, Cab Heat & Air, CN 84093..........................................................................$34,000

2010 S630 Bobcat Loader, 1910 Hrs, Open ROPS, CN 84437..........................................................................................$25,000

2008 T190 Bobcat Track Loader, 1035 Hrs, Gold Package,Wide Tracks, Joysticks, CN 86699 ................................$30,000

Page 5: Ohio 15 2013

Construction Equipment Guide • Ohio State Supplement • www.constructionequipmentguide.com • July 20, 2013 • Page 5

Fecon recently hosted a group of 440 students from BerryIntermediate School, giving them a firsthand look at highlylucrative engineering careers available within the manufac-turing arena.

The sixth grade students watched engineers perform com-puter aided design and analysis and then witnessed automat-ed welding machinery and learned about the math requiredto program it. All of this underscored the importance of mathand science, even at the junior high school level.

“We appreciate the opportunity to host school groups likethis,” said Fecon President John Heekin. “Manufacturingoffers great career opportunities but the work is getting moretechnically demanding — so more math and science isrequired. Showcasing the computer design and analysisinvolved helps students — especially at the junior highschool level — realize that math and science careers can berewarding, and cool.”

According to Principal Mark Graler, the trip’s goal was tomake the students realize the abundance of good jobs right athome in Lebanon, in fields such as engineering and math.

“To help students get an idea of the kind of job they couldhave someday, if they pursued a track of higher level math orscience skills, and allow them to see those skills in action,”he said. Before going out onto the production floor, the stu-dents got a first-hand look of the engineering wing of thefacility.

“Seeing the semi-like size of the machines and laser-cut-ting tools used on a daily basis, gave the students a good ideaof what they could be doing, if they take care of their schoolwork,” Graler said.

The “ah-ha” moment for many of the sixth graders wasseeing all of the equipment the engineers deal with.

“They are standing at these big machines operating threekeyboards and seven monitors making sure all these thingswork like they are supposed to work, so that the productturns out the right way,” Graler said.

Students learned that even a tiny screw in a machine isdesigned by someone before it is placed into it, which helpedthem think more critically. Moreover, many of the studentsrealized even if they did not want to get into the productionside of the facility, it had other departments as well, includ-ing marketing, accounting, and customer service.

“There are all these other components of manufacturingthat you can be a part of, even if you aren’t doing the actual

manufacturing,” said Graler.Naturally, students enjoy being away from the classroom

every-once-in-a-while, but they benefitted by seeing first-hand what post-education careers might look like.

“Something we struggle to do in the classroom every dayis to make things real for the students,” Graler said, addingthat portraying career opportunities is hard to replicate in aclassroom setting. “We can Skype with people in remoteplaces, or we can be online looking at things, and the kidscertainly explored the Fecon website…but none of that real-

ly compares to being here, seeing the functioning work-place.”

Graler also pointed out that this hands-on experiencemade the students aware of the importance of “soft skills,”like being on time to work every morning, getting along withothers, and getting the job done right the first time — traitsthat every employer looks for, regardless of field. It was awin-win situation for both students and teachers at Berry.

(This story also can be found on Construction Equipment

Guide’s Web site at www.constructionequipmentguide.com.)

A First-Hand Look...

Berry Intermediate Students Take Field Trip to Fecon

“Seeing the semi-like size of themachines and laser-cutting tools usedon a daily basis, gave the students agood idea of what they could bedoing, if they take care of their schoolwork.”

Principal Mark GralerBerry Intermediate School

Page 6: Ohio 15 2013

Page 6 • July 20, 2013 • www.constructionequipmentguide.com • Ohio State Supplement • Construction Equipment Guide

Material Handlers...

Murphy Adds Sennebogento Growth Plans for OhioWith an eye to expand-

ing its customer base and agrowing presence in thestate of Ohio, MurphyTractor & Equipment Co.Inc. has taken onSennebogen’s materialhandler line in its southernOhio territory.Constantino Lannes,

president of SennebogenLLC, announced thatMurphy Tractor will bethe manufacturer’s author-ized distributor for an 18-county region coveringthe area from Dayton toMarietta, Ohio, and southto the Kentucky border.

Growing on QualityTom Udland, President

of Murphy Tractor, wel-comes the Sennebogenline as an important step inthe distributor’s growthplans. Murphy Tractor hasexpanded its service net-work rapidly over the past10 years, including itsmove into Ohio with 12new branches since 2010.“We have had our eye

on Sennebogen for sometime,” Udland reports.“We definitely wanted tobe in the material handlerbusiness, but we won’t go into any industryunless we can offer the customer a qualitypiece of equipment. So when we learned thatthis Sennebogen territory had become avail-able, we went for it.”

Diversifying MarketsAlong with its Deere equipment, Murphy

Tractor offers a strong road construction fleetanchored by its Wirtgen lineup. With theaddition of Sennebogen, Udland sees oppor-tunities to increase Murphy Tractor’s pres-ence in southern Ohio’s recycling, forestryand river port industries. Murphy Tractorrecently added Genesis shears and grapplesto its line-up, providing a deeper offering forscrap metal recyclers. “Our agreement withSennebogen happened very quickly,” saidUdland. “Our sales manager is working now

to identify prospective customers and to seewhere existing Sennebogen machines arelocated that could need our support.”Udland has already had parts staff and

service technicians attend Sennebogen’straining school in Stanley, N.C. “We are veryaftermarket-oriented in our sales and serviceapproach,” Udland continued. “That’s whywe learn the parts and service end of ourproduct lines first. We’ll continue the train-ing programs for our sales team after ourinventory arrives, when they have a chanceto work with the equipment personally.”Sennebogen green machines are on order

to stock the southern Ohio branches, alongwith a complete inventory of service parts.

(This story also can be found onConstruction Equipment Guide’s Web site atwww.constructionequipmentguide.com.)

Tom Udland, president of Murphy Tractor (L), is joinedby Anthony Laslavic, region sales manager ofSennebogen LLC, at this year’s ISRI Convention inOrlando, Fla.

Page 7: Ohio 15 2013

Construction Equipment Guide • Ohio State Supplement • www.constructionequipmentguide.com • July 20, 2013 • Page 7

On June 20, the American Subcontractors Association andASA of Ohio filed an amicus brief before the Supreme Courtof Ohio, arguing that “pay-if-paid” clauses in constructioncontracts should be “unenforceable.”A decision by the Supreme Court of Ohio in Transtar

Electric, Inc. v. A.E.M. Electric Services Corporation willdetermine whether prime contractors can shift financial riskof construction projects to subcontractors and suppliersthrough “pay-if-paid” clauses.“These clauses unreasonably and improvidently transfer

the risk of loss from the party best able to analyze and con-trol the loss and their own profit, the prime contractor, to allof the other parties in the construction process,” ASA, ASAof Ohio and the Ohio/Michigan chapter of the NationalElectrical Contractors Association said in their brief.A pay-if-paid clause makes payment by the owner to the

prime contractor a condition that must be satisfied before theprime contractor must pay its subcontractors. Such a clauseshifts the risk of nonpayment by the owner from the primecontractor to its subcontractors. In many circumstanceswhere such clauses are present, the subcontractors neverreceive payment. In essence, a pay-if-paid clause complete-ly shifts the burden of financial risk for a delay or default onthe job site from the prime contractor to its subcontractors.

In the brief, the organizations urged the Ohio SupremeCourt to affirm an appeals court’s decision “determining thatpay-if-paid clauses should either be extraordinarily explicitso as to convey the inherent risk of nonpayment by the proj-ect owner, a condition completely uncontrolled by the sub-contractor, or eliminated as a method of subjugation of sub-contractors as being void and unenforceable as against pub-lic policy.”A.E.M. Electric Services was the general contractor on the

construction of a swimming pool at a Holiday Inn inMaumee, Ohio. In January 2007, A.E.M. entered into a sub-contract agreement with Transtar for certain electrical workto be performed on the project. The subcontract provision inquestion included:“Receipt of payment by contractor from owner for work

performed by subcontractor is a condition precedent to pay-ment by contractor to contractor to subcontractor for thatwork.”Transtar invoiced A.E.M. for work performed in the

amount of $186,709, and A.E.M. paid Transtar $142,620.10.The remaining balance was not paid. On Sept. 27, 2010,Transtar sued A.E.M. for the unpaid amount, and A.E.M.

denied liability. A.E.M. did not dispute the unpaid amount,but argued that “the project owner had failed to pay” A.E.M.that amount and more. A.E.M. said it would continue toattempt to collect the money from the project owner andpledged to pay Transtar if collection efforts were successful.Absent such payment, however, A.E.M. insisted it was notcontractually obligated to pay. Transtar argued that the con-tractual provision that A.E.M. characterized as a pay-if-paidclause should be deemed a pay-when-paid clause.The trial court concluded that the contract clause at issue

was a pay-if-paid provision, but the appeals court reversed,saying, “Because we conclude that the purported pay-if-paid

contract provision does not manifest the intent of the partiesto shift the risk of owner non-payment from the general con-tractor to the subcontractor, we reverse,” the court of appealswrote.“Only inequity and injustice will arise if large prime and

general contractors are able to unjustly shift the entire finan-cial risk of the construction industry on the small subcon-tractors and suppliers who can least afford to shoulder suchrisk,” ASA, ASA of Ohio, the Ohio/Michigan chapter ofNECA wrote in their brief.

(This story also can be found on Construction EquipmentGuide’s Web site at www.constructionequipmentguide.com.)

‘Pay-If-Paid’ Clauses Should Be ‘Unenforceable,’ Says ASA

“These clauses unreasonably andimprovidently transfer the risk of lossfrom the party best able to analyzeand control the loss and their ownprofit, the prime contractor, to all ofthe other parties in the constructionprocess.”

ASA of Ohio and the Ohio/Michigan chapter ofthe National Electrical Contractors Association

HUDSON6681 Chittenden RoadHudson, Ohio 44236P: (330) 655-5900F: (330) 655-5969

COLUMBUS3155 E. 17th AvenueColumbus, Ohio 43219P: (614) 475-2880F: (614) 475-0069

CINCINNATI8131 Regal Lane

West Chester, Ohio 45069P: (513) 777-5556F: (513) 777-4494

www.themcleancompany.com

Page 8: Ohio 15 2013

Page 8 • July 20, 2013 • www.constructionequipmentguide.com • Ohio State Supplement • Construction Equipment Guide