Ohio Warns Nonlawyers Against Drafting Construction Contracts

Published
Score
7

Why it matters

Ohio has established a strict rule prohibiting nonlawyers, such as architects, construction managers, or owners' representatives, from drafting or revising construction contracts or procurement documents, deeming it the unauthorized practice of law.[2] This "bright-line" guidance, issued by Bricker Graydon Wyatt LLP on April 6, 2026, cites Ohio Supreme Court precedents like Ohio State Bar Ass'n v. Burdzinski (2006) and Ohio State Bar Ass'n v. Miller (2014), which confirm that preparing legally binding instruments—even from standard AIA forms—constitutes unauthorized practice.[2]

Key players include nonlawyer professionals (architects, construction managers, owners' representatives) who often offer to "clean up" AIA forms under project deadlines, owners relying on them, and enforcement bodies like the Ohio Supreme Court, which can issue injunctions and fines up to $10,000 per offense under Ohio Gov. Bar. Rule VII(14)(B).[2] Public owners face added risks if contracts miss statutory procurement changes, as nonlawyers typically do not track legal updates.[2] The firm advises owners to reject such offers and involve construction counsel, while nonlawyers should limit roles to technical/administrative tasks.[2]

This stems from longstanding Ohio case law on unauthorized practice, intensified by construction industry pressures and standard AIA documents (e.g., B101 Sections 3.4.1-3.4.3) that blur lines between technical specs and legal agreements.[2] No specific new court ruling occurred; the article provides timely clarification amid ongoing public procurement evolutions, like 2011 design-build authorizations.[1][2]

It's newsworthy now due to its April 6, 2026 publication—recent relative to today—highlighting penalties like unenforceable fees and project delays, especially with Ohio's March 19, 2026 E-Verify mandate adding compliance pressures for nonresidential construction.[2][4][6] This underscores risks in fast-paced projects where nonlawyer drafting could void agreements or trigger enforcement.[2]

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