On the Level: Could “Time is of the Essence” Be Implied in Your Contract?

From the Frantz Ward LLP blog 

Recently, the Fourth Appellate District of Ohio upheld a lower court ruling that created a “time is of the essence” clause in the dealings between the parties, when no such clause existed in their written purchase order, and no terms or conditions were incorporated by reference.  S.P. Drilling Servs. v. Cooper’s Excavating, LLC, 2019-Ohio-55 (4th Dist)  

Cooper’s Excavating was awarded an ODOT contract and S.P. Drilling submitted a bid for drilling. S.P. Drilling was awarded the subcontract to install drilled shafts at a price of $14,000. Cooper’s Excavating and S.P. Drilling had several verbal and email communications..."

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