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Abstract

Th rapidly increasing tempo of concern for urban problems is giving rise to an ever-expanding range of literature devoted to their possible solution. Even in what might be considered a backwater of interest, the problems of municipal contracting, periodic examinations have taken place. Unfortunately, these have been undertaken almost exclusively by legal commentators, as most courts have been reluctant to make reassessments in a field in which the law at best must be considered to be largely an outgrowth of nineteenth century problems, thinking, and decisions. A recent case decided by the Ohio Supreme court, Pincelli v. Ohio Bridge Corp., invites renewed attention to this subject in Ohio-more particularly, to the problem of the availability of remedies under defective municipal contracts in the broader context of public contracts; for the difficulties are essentially the same at all levels of government. This case illustrates the necessity for legislative action if the needs of both municipal corporations and their contractors are to be adequately served in modern society, since it evidences continued judicial failure to respond to changed conditions in this field.

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