Cleveland Law Library Weblog

Prevailing Wage Laws to be More Aggressively Enforced

Crain's Cleveland Business reports that Ohio Attorney General Marc Dann has started a campaign to more aggressively enforce Ohio's Prevailing Wage Laws. These laws, which govern wages and hours on public works projects, can be found in the Ohio Revised Code.   According to Crain's, Dann will be allocating 6 attorneys to work with the Department of Commerce to enforce the existing laws. This announcement comes on the heels of a settlement of a major prevailing wage case in Ashtabula County involving 19 contractors and subcontractors who will be paying almost $453,000 to employees who were not paid prevailing wages for work they performed at an environmental cleanup site. Click here to read the Akron Beacon Journal's article.

Arbitration Clause in Home Improvement Contract Valid, 8th District Holds

Per the Build on This Blog, post by Mark F. Craig, Aug. 31, 2006, the Eighth District Court of Appeals  ruled that an arbitration clause in a home improvement contract was enforceable, even though the contract was silent on the filing fee for arbitration.  The arbitration filing fee was much higher than the fee for litigation.  Although a preprinted form contract was used, the parties made changes to the preprinted language as a result of negotiations. See Handler v. Southerland Custom Bldrs, Inc. (Aug. 24, 2006), 2006-Ohio-4371.

Channel 19 Sues Browns for Breach of Contract

The Cleveland Browns prematurely terminated its contract with Channel 19 for the televising of Browns games.  Channel 19 is suing the Browns for breach of contract.  According to a Plain Dealer article, "The contract reads that the deal may be terminated by either side for 'cause,' such as 'conduct by one party, its employees or representatives which substantially alters the aggrieved party's ability to benefit from this agreement.' "

In a letter terminating the contract, the Browns said the termination was because of "repeated instances where WOIO news staff stepped well outside any legitimate boundary of responsible journalism."   Also, the letter "accused the station's reporters of 'sensationalized, overtly negative reporting on the organization and its players.' ".  Recently, Channel 19 broadcasted 911 tapes of a Lerner family member reporting the drowning death of her child.  The termination letter called this broadcast, "shocking and insensitive".

Channel 19 contends that the Browns do not have cause to break the contract and did not give the required 30 day notice.

Channel 19 Sues Browns in Contract Dispute by James F. McCarty, The Plain Dealer, July 26, 2006; see also Browns Opt to End Deal with Ch. 19 by Tony Grossi,   The Plain Dealer, July 18, 2006.  For the case docket, search for RAYCOM TV BROADCASTINGS INC. ETAL vs. CLEVELAND BROWNS FOOTBALL CO., LLC, Cuyahoga Count Common Pleas Case No. CV-06-597064 at the Cuyahoga County Common Pleas docket.