John A. Gambill is an associate with McDonald Hopkins’ Construction Law Practice Group in our Columbus office. He came to McDonald Hopkins in May 2017 after five years with his own firm, Gambill & Associates Co., L.P.A., where he gained significant trial and courtroom experience representing clients in civil litigation matters at both the trial court and appellate court levels. John has litigated cases from inception to conclusion, including arguing a complex construction contract issue before the Ohio Supreme Court.
As a member of McDonald Hopkins Construction Law Practice Group, John represents contractors, subcontractors, construction managers, design-builders, and owners on commercial construction projects of all sizes throughout the United States. His litigation experience includes, among other things, construction contract disputes, prompt payment issues, extra work claims, construction defect claims, VSSR claims, and bid protests. His business and transactional experience includes construction contract negotiation and drafting, legal counsel during the performance of construction projects, and general construction law advice regarding best practices. John’s role with his clients extends beyond being an advocate in a courtroom. He regularly works with his clients to avoid problems before they arise through thoughtful business counseling and by operating as a strategic partner to help his clients achieve their business goals.
John earned his J.D. from Cleveland State University’s Cleveland-Marshall College of Law and a Bachelor of Arts in business and economics from Muskingum College.
- Represents clients, including developers and contractors, in drafting construction contracts, and in claim avoidance and/or preservation during the course of projects.
- Represents contractors with claims on complex public works construction projects for the State of Ohio.
- Represents contractors with bid protests on public construction projects.
- First chair for general contractor in appeal against municipality challenging a liquidated damages provision of a public works project in the Fourth District Court of Appeals and Ohio Supreme Court, including oral argument before the Ohio Supreme Court. See Boone Coleman Constr., Inc. v. Village of Piketon, 2014-Ohio-2377, reversed by Ohio Supreme Court, 2016-Ohio-628, 2014-0978, Oral Argument 06/09/2015 available http://www.ohiochannel.org/MediaLibrary/Media.aspx?fileId=146665.
- Second chair trial counsel in jury trial for construction manager against developer regarding unsigned $500,000 change order for tenant improvement work in retail shopping center not shown on base building drawings. Obtained summary judgment as to liability on theory of unjust enrichment and ultimately obtained approximately $500,000 jury verdict after jury trial on damages.
- Represented general contractor against Ohio Department of Transportation in arbitration for seven figure claim for additional costs on bridge project for unknown conditions, superior knowledge, and Spearin Doctrine issues.
- Second chair trial counsel for general contractor in litigation matter against Ohio Department of Transportation in the Ohio Court of Claims concerning bid protest dispute and claims for additional work performed on public improvement project.
- Second chair for Tier-1 Supplier in contract dispute with Tier-2 supplier regarding price and quantity of materials to be shipped and incorporated into product for OEM, including obtaining a preliminary injunction requiring Tier-2 supplier to continue shipping parts at previously-agreed price pending resolution of dispute.
- Member of litigation team for mechanical contractor with eight figure claims against a Fortune 100 engineering and manufacturing company involving a $60 million design build natural gas conversion project.
- Represented general contractor against Ohio Department of Transportation arising out of significant additional costs arising out of changed conditions discovered during the course of the construction of two non-buried bridges.
- Represented general contractor against developer related to contract dispute and claim for unpaid balance of contract.
- Member of the litigation team representing material supplier in dispute related to major solar farm construction projects spanning 13 states in $7M claim against German manufacturer’s U.S. subsidiary in the U.S. District Court of North Carolina, Western District. The litigation involved claims of breach of contract, fraud, prompt payment claims, unfair and deceptive trade practices claims, and other extraordinary relief.
Admissions - Court
- All Ohio State Courts
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the Northern District of Ohio
Admissions - State
- Cleveland-Marshall College of Law
- Muskingum College
Honors and Awards
- CALI Awards - Contracts
- Ohio State Bar Association
- American Bar Association
- Scioto County Bar Association
- Defense Research Institute
- Builders Exchange of Central Ohio
- Associated General Contractors of Ohio
- Ohio Contractors Association
Ohio Department of Transportation advisory to all prime contractors
Update on Ohio’s construction statute of repose application to tort and contract claims
OSHA stepping up enforcement of silica in construction standard
Ohio House introduces bill to protect general contractors
Victory for construction contractors: Ohio Supreme Court rules that construction statute of repose applies to both tort and contract actions
Appellate court holds Ohio’s construction statute of repose applies to breach of contract and tort claims
Hundreds of Ohio EDGE Certifications called into question after investigation by Ohio Inspector General
OSHA Update: Record keeping and required postings
Ohio Supreme Court holds that general contractor’s insurance policy does not cover defective work performed by subcontractors
OSHA increases excavation and trenching enforcement
Construction trade organizations file brief in Ohio Supreme Court on statute of repose
Ohio EPA issues new construction storm water general permit
Ohio contractors: Ensure compliance with public bidding and contracting laws or risk not being paid
Federal appellate court upholds OSHA’s stringent silica in construction standard
Ohio’s construction statute of repose still only applies to tort claims
Enforcement of OSHA's silica in construction standard begins under interim enforcement memorandum
OSHA’s new silica safety standard imposes additional burdens on contractors
Recommendations for proper back charges on commercial construction projects
An overview of Ohio's EDGE program following an investigative report by the inspector general
Illinois Mechanics Lien Law: Fundamentals and general contractor liens
Recent changes to Florida's statute of repose provide clarity for contractors
4 steps for handling unexpected conditions claims on construction projects
Fifth District publishes new interpretation of Ohio's construction statute of repose
3 ways to build a better residential construction contract
OSHA’s new injury and illness reporting requirements
Construction contractors must remain vigilant to minimize cybersecurity risks
Mechanic’s lien update: What is waived and what can you recover?
- Guns, Drugs & Cybercriminals – Avoiding Modern Risks | Wednesday, March 11, 2020
- Charting the Course and Navigating Through Treacherous Waters | Tuesday, March 3, 2020
- Qualified Opportunity Zones: What are they and how do they work? | Tuesday, May 14, 2019
- Nuts and Bolts of Construction Law for Developers | Tuesday, February 19, 2019
- Presenter, "Improve Your Contracts to Improve Your Bottom Line: Contract Provisions that Contractors Need," NARI Greater Cleveland General Membership Meeting & Educational Conference, February 21, 2018