Michael J. Frantz Jr. Discusses Subsurface Risk Allocation in Properties Magazine
Frantz Ward Partner Michael J. Frantz Jr. shares how landscape and hardscape failures can lead to subsurface disputes and unintended liability and explains how commercial development owners can address these risks before they escalate in the March edition of Properties Magazine.
His “Legal Perspectives” article, “Who Owns the Dirt?” highlights how soil movement caused by the freeze-thaw climate in the Great Lakes region can turn minor surface movement into significant structural failure over time, underscoring the importance of addressing subsurface risk early.
When failure occurs, the fragmented process for landscaping and hardscaping commercial developments complicates liability. Multi-party disputes often follow, with parties disputing whether issues stem from design, construction, or existing site conditions, ultimately leaving owners with repair costs, delayed occupancy, and increased injury exposure.
Avoiding Unexpected Disputes and Liability
In his article, Mike recommends owners reduce unexpected exposure and delays by:
- Ensuring performance language is precise and integrated with geotechnical assumptions and soil disclaimers
- Coordinating insurance policies and warranty periods
- Directly addressing subsurface risk during procurement and contracting
- Allocating subsurface risk upfront to reduce the likelihood of long, costly litigation
Read the full article here.
Mike focuses his practice on construction law, offering strategic counsel to contractors, developers, and property owners across Pennsylvania, Ohio, and New Jersey. With extensive trial and appellate experience, Mike guides clients through every phase of construction projects, from contract negotiation to dispute resolution, helping them navigate complex regulations, mitigate risks, and avoid costly litigation. He is a trusted advocate committed to protecting his clients’ business interests and achieving favorable outcomes.
Since 1946, Properties Magazine has been a monthly reporter on development, construction, design, and property management throughout Northeast Ohio.
