Overview
John Gambill
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EMAIL jgambill@mcdonaldhopkins.com

PHONE 614.484.0703

WATCH: Meet John Gambill

Experience

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.

Representative Cases/Matters

  • 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.
Credentials

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

  • Ohio

Education

  • Cleveland-Marshall College of Law
  • Muskingum College

Honors and Awards

  • CALI Awards - Contracts

Professional Membership

  • 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
Insights
Events

Speaking Engagements

  • 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
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