Construction

Overview

Building a successful business in the construction industry involves risk taking, risk sharing and risk allocation. You are managing projects and contracts while managing the hundreds of moving parts of your business. Our construction practice is designed to concentrate on protecting your profits and human resources from the costly distractions of legal issues and court battles. We are here to assist you throughout the entire process – development, actual construction and close-out, including obtaining necessary government approvals and the preparation and design of contracts. Our experience and knowledge of the construction industry allows us to identify problems early on, find solutions and help you successfully navigate your business. Our experienced lawyers are also familiar with the dispute resolution processes available, including arbitration, mediation, litigation and the use of dispute resolution boards.

Our construction attorneys represent:

Owners
Contractors
Subcontractors
Design professionals
Construction managers
Suppliers
Tenants
WBE/MBE/FBE/SBA 8(a), HUBzone, Veteran-Owned and DBE contractors
Lending institutions
Developers

With respect to all aspects of construction law, including:

Arbitration
Bid protests
Collections
Contract preparation and negotiation
Construction defects and warranty claims
Construction loan documentation review
Delay and loss of efficiency claims
Warranty and design liability
Labor and employment issues
Litigation
Mechanics' lien claims and litigation
Review RFP and RFQ solicitations and assist clients with their response

We can assist you in the application and appeal process for MBE/WBE/DBE/SBA 8(a) and HUBzone certifications and contractor licensing. And we can also prepare and negotiate joint venture and mentor-protege agreements and related documents. Furthermore, our attorneys advise clients concerning Federal Acquisition Requirements for obtaining government work and complying with federal regulations.

We have reviewed, prepared and negotiated hundreds of complex design and construction contracts, including:

General contractor agreements
Design professional agreements
Design-build agreements
Construction management
Property management
Facility management and maintenance agreements
Tenant build-out agreements
Subcontracting agreements
Consulting engineer agreements; and
Supplier agreements

Experience

Represent Ohio’s largest heavy/highway contractor on various matters involving bid protests, equitable adjustment claims, contested claims and litigation.
Represent a supplier of overland conveyors involving claims on an iron ore mine project in Quebec, Canada.
Represented a heavy/highway/site improvement contractor with multi million dollar claims involving the construction of an upland reservoir.
Represented a contractor on a termination for convenience on a publicly funded project utilizing ARRA and other economic stimulus funds.
Represent a pipeline contractor in a dispute with a pipeline project in the Utica shale area of eastern Ohio.
Represent a steel fabricator with claims against an Austrian-based supplier of plants, equipment and services for hydropower stations, the pulp and paper industry and the metalworking and steel industries involving a stainless steel manufacturing plant in Kentucky.
Represented a contractor with claims against the State of Ohio arising out of renovations at Youngstown State University the first case in Ohio to recognize the Eichleay formula.
Represented a contractor with claims on an internationally acclaimed art museum project.
Represented a design engineer involving claims for delay on a bascule bridge project.
Represented a national engineering firm against claims on a segmental, cast-in-place bridge project in North Carolina.
Represented a national engineering firm against claims on a 5 mile long tunnel project.
Represented an Owner with claims on a $100 million EPC project involving additions to an existing manufacturing/process facility in eastern Ohio.
Represented a contractor with claims against the State of Ohio related to the cumulative impact of multiple changes.
Represented a steel fabricator with multi-million dollar claims related to the supplying of steel trusses for the American Airlines Terminal at JFK International Airport.
Represented a design builder with claims on a $100 million guaranteed maximum price school renovation project in New Hampshire.
Represent contractors with bid protests on public construction projects.
Represented a manufacturer involved in litigation regarding mold and mildew.
Represented a bridge contractor on a multi-million dollar claim for extras involving the construction of a bridge.
Represent contractors with claims on complex public works projects for the State of Ohio, Department of Administrative Services and The Ohio State University.
Represented a construction manager in a multi-million dollar dispute with a private owner involving a guaranteed maximum price agreement.
Represent contractors with claims on federal procurement contracts before various Boards of Contract Appeals.
Represent contractors involved with Ohio Schools Facilities Commission projects.
Represent one of the nation's largest disaster recovery and restoration contractors on various litigation matters.

Represent one of the nation's largest energy companies on various matters related to oil and gas producing interests and related interests.
Successfully represented contractor-client against material supplier's claims, which included an award of attorney's fees against the material supplier.
Successfully represented an Ohio university in claims against design professionals regarding negligent design of the HVAC systems of residence halls.
Represent clients in relation to prevailing-wage compliance, complaints, and litigation.
Represent clients, including developers and contractors, in drafting construction contracts, and in claim avoidance and/or preservation during the course of projects.