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did not begin any work without a written contract for that
particular project. There were penalties if petitioner did not
comply with the contract.
When petitioner subcontracted, the subcontractor was
responsible for labor, equipment, and materials for its part of
the project. Petitioner took bids on the subcontractor work and
did not mark up the subcontractor’s bids, except to cover its own
bond costs and insurance. When petitioner subcontracted, if the
subcontractor did not pay its suppliers, those suppliers could
file liens against petitioner. Thus, petitioner took care in
selecting subcontractors, trying to ensure they could pay their
suppliers.
The construction season in general lasted from April to
November. Generally petitioner bid in the spring and finished
the projects by November or December. Occasionally work carried
over to the next year.
Governmental Regulations
Petitioner’s business was strictly regulated by its
customers. Both the State of Ohio and local governments
stationed an engineer at each construction site to inspect
materials and oversee the project. Petitioner was required to
pour concrete within 1 hour after the concrete supply truck left
the supply plant. If this condition was not met, the onsite
engineer had the right to reject the load of concrete. Further,
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Last modified: May 25, 2011