Practices
- Alternative Dispute Resolution Services
- Business Restructuring, Bankruptcy & Commercial Law
- Business Transactions & Corporate Counseling
- Construction Contracting & Disputes
- Cybersecurity & Data Privacy
- Environmental
- Clean Air Act
- Commercial Transactions and Property Acquisition
- Compliance Counseling and Risk Management
- Environmental Litigation
- Green Technology
- Health and Safety
- International Environmental Law
- Shale Gas
- Site Remediation and Brownfield Development
- Solid and Hazardous Waste
- Underground Storage Tank Regulation
- Water Law
- Family Law
- Health Care
- Insurance Recovery
- Labor & Employment
- Litigation
- Litigation & Information Management
- Real Estate
- Tax - Business & Corporate
- Trademark, Copyright and Trade Secrets
- Trusts & Estates
Construction Contracting & Disputes
From the most sophisticated public and private commercial and industrial projects to residential construction that exemplifies the culmination of personal achievements, Brouse McDowell’s construction law attorneys provide a full complement of legal services for all types of construction projects.
We work with developers, owners, general and specialty contractors, design professionals, construction managers, owner’s representatives, and material manufacturers on contracting, contract administration, claims resolution, design and project conceptualization. We focus on risk management and loss avoidance from conception to close-out.
Brouse McDowell’s attorneys have experience negotiating and litigating the most common contract forms such as those published by the AIA, Consensus Docs and the EJCDC. We are equally familiar with many of the forms utilized by public entities, and we can assist with the preparation and review of customized contracts. We protect our clients’ interests with contract forms and terminology, identify and consult on issues that arise during the lifecycle of the project, and provide counsel and dispute resolution services.
Brouse McDowell’s experience includes:
Construction Litigation, Arbitration and Mediation- Contract disputes and claims
- Construction defects
- Schedule delays, lost productivity, and differing site conditions claims
- Mechanics’ lien filing, foreclosure and defense
- Surety bond claims
- Insurance coverage claims
- Design professional liability claims
- Public bid disputes
- Risk management
- Bid and specification development
- Environmental compliance
- Change order and claims management
- Project interruptions
- OSHA compliance and workplace safety
- Labor disputes and strikes
We have unique experience with public construction projects involving tunneling, highway and bridge construction and storm and sanitary improvement projects, water intrusion issues in any structure, specialty roofing materials such as TPO, material failures involving wood composite, concrete, coatings, and specialty siding materials, problems arising from land movement, and residential disputes involving new construction and renovation.
Practice Co-Chairs:
Teresa G. Santin 216.830.6830 |
James T. Dixon 216.830.6804 |
- Overview
Construction Contracting & Disputes
From the most sophisticated public and private commercial and industrial projects to residential construction that exemplifies the culmination of personal achievements, Brouse McDowell’s construction law attorneys provide a full complement of legal services for all types of construction projects.
We work with developers, owners, general and specialty contractors, design professionals, construction managers, owner’s representatives, and material manufacturers on contracting, contract administration, claims resolution, design and project conceptualization. We focus on risk management and loss avoidance from conception to close-out.
Brouse McDowell’s attorneys have experience negotiating and litigating the most common contract forms such as those published by the AIA, Consensus Docs and the EJCDC. We are equally familiar with many of the forms utilized by public entities, and we can assist with the preparation and review of customized contracts. We protect our clients’ interests with contract forms and terminology, identify and consult on issues that arise during the lifecycle of the project, and provide counsel and dispute resolution services.
Brouse McDowell’s experience includes:
Construction Litigation, Arbitration and Mediation
- Contract disputes and claims
- Construction defects
- Schedule delays, lost productivity, and differing site conditions claims
- Mechanics’ lien filing, foreclosure and defense
- Surety bond claims
- Insurance coverage claims
- Design professional liability claims
- Public bid disputes
- Risk management
- Bid and specification development
- Environmental compliance
- Change order and claims management
- Project interruptions
- OSHA compliance and workplace safety
- Labor disputes and strikes
We have unique experience with public construction projects involving tunneling, highway and bridge construction and storm and sanitary improvement projects, water intrusion issues in any structure, specialty roofing materials such as TPO, material failures involving wood composite, concrete, coatings, and specialty siding materials, problems arising from land movement, and residential disputes involving new construction and renovation.
Practice Co-Chairs:
Teresa G. Santin
216.830.6830James T. Dixon
216.830.6804
- Representative Engagements
- Prosecution of a $500,000 construction product defect claim in state court on behalf of parties to an integrated agreement for lean project delivery.
- Preparation of design, project management, and construction contracts for construction of a new $100 million health care facility in Northeast Ohio.
- Defense of owner of a million-square-foot commercial property from tenant's $4 million defective work claim and prosecution at hearing in state court of related eviction claim.
- Prosecution of a $16 million construction defect claim in state court on behalf of the owner of a large resort facility.
- Defense of $1.3 million construction defect and default claims and prosecution of extra work claims in state court on behalf of a specialty subcontractor on a public project.
- Preparation and negotiation of Construction Manager At-Risk Agreements on $56 million downtown Cleveland historic renovation project, on a $23 million midtown Cleveland historic renovation project, and on a $27 million sports entertainment facility.
- Prosecution of $7 million lost productivity, extra work, delay and differing site condition claims and defense of $30 million construction cost accounting and corruption claims in state court arising from a sewer district tunnel construction project.
- Defense, including hearing, of a $5.8 million project award to a client by the City of Cleveland in the face of a bid protest from another construction company on a renovation project at Cleveland Browns Stadium (now FirstEnergy Stadium).
- Prosecution in state court of $5 million mechanic's lien claim on behalf of specialty subcontractor on the Churchill Downs Clubhouse Renovation project.
- Prosecution in state court, including multi-day hearing, of the protest of an award to an apparent low bidder on a $52 million municipal sewer tunnel construction project.
- Defense, including appeal, of third-tier subcontractor unjust enrichment claims against a general contractor on a municipal public improvement project.
- Defense, including trial and appeal, in federal court of $1 million contractor non-payment claims asserted against the developer of a property in Mobile, Alabama damaged by Hurricane Katrina.
- Defense in state court of a residential developer from extra work claims asserted by a site work contractor at trial and appellate levels and in subsequent arbitration hearing.
- Defense in state court of engineering malpractice claims by public authority arising from airport construction projects on South and Middle Bass Islands.
- Prosecution, including trial, in state courts of claims of fraudulent concealment in the sale of residential properties.
- Attorneys
- News
- Seminars & Events
- Client Advisories
March 19, 2020Construction Alert: Does a force majeure provision excuse COVID-19 related performance issues in construction contracts?
December 28, 2016Contractors Working on Projects in the City of Akron Must Comply with New Registration and Reporting Requirements
April 06, 2016Construction & Coverage Law Seasonal Newsletter
August 06, 2015Brouse McDowell Business Minutes - Construction Contracts
June 11, 2015Brouse McDowell Business Minutes - Construction Industry
March 25, 2015Construction Defect Claims and the Economic Loss Doctrine Clarified by Ohio's Second District Court of Appeals
- Articles
November 14, 2022A Cybersecurity Primer for Contractors: Threats, Liability and Insurance
August 12, 2022The Costs and Benefits of Perfecting and Pursuing Lien Rights
July 15, 2022Improve the Bottom Line Using Subrogation Waivers
November 15, 2021Avoiding Project Planning Disasters: How to Spot Problem Projects
August 10, 2021A Construction Executive's Personal Liability for Employment Decisions
May 11, 2021Compliance With Anti-Trafficking Terminology in Construction Contracts
February 01, 2021Pressing Pause and Pressing Stop: The Strategic Use of Contractual Suspension and Termination Rights
November 16, 2020Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers
September 06, 2020The Growth of BIM and Its Impact on Contractor Risk
July 10, 2020Crossing the Line: Contractor Liability and Mechanic's Liens
August 04, 2019The Dangers of Design Delegation: Identifying and Avoiding or Shifting the Risk
May 31, 2019General Contractors' Insurance Protections for a Subcontractor's Defective Work
June 27, 2017Coverage for Construction Defect Claims May Hinge on a Clearly Defined Scope of Work
February 02, 2015Start with a plan - Construction projects must include strong planning to achieve your goals
- Blogs
RE&C Blog
March 1, 2023RE&C In Review: Compliance Pitfalls on Residential Remodeling Projects
March 15, 2021RE&C In Review: Pressing Pause and Pressing Stop - The Strategic Use of Contractual Suspension and Termination Rights
Insurance Blog
June 28, 2018Blog: NY Court of Appeals Interpretation of "Additional Insured-By Written Contract" Provisions
March 1, 2018Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
Business Litigation Advisory Blog
August 25, 2016Ten Essential Ways to Protect Yourself During a Construction Project
- Podcast
September 04, 2018Podcast: The Claim Process in a Construction Insurance Claim
August 28, 2018Podcast: Professional Liability - Not Just for the Architect and Engineer
August 21, 2018Podcast: Cyber Exposure and Coverage Options
August 14, 2018Podcast: Environmental Exposure and Coverage Options
August 07, 2018Podcast: OCIP / CCIP Coverage
July 31, 2018Podcast: Additional Insured Coverage
July 24, 2018Podcast: Indemnity Principles
July 17, 2018Podcast: Construction Contract Insurance Provisions
July 10, 2018Podcast: Coverage for Construction Defects