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Practices

Construction Contracting & Disputes

Brouse McDowell’s construction law attorneys provide a full complement of legal resources to help at all stages of the construction project, from project conceptualization, design, contract drafting, implementation, monitoring and scheduling, to claims resolution.  Our clients include developers, public and private owners, lenders, builders, general and trade contractors, design professionals, engineers, construction managers, owner’s representatives, subcontractors and material suppliers and individuals.

Our experience ranges from the most sophisticated public and private commercial and industrial projects to the residential construction that exemplifies the culmination of personal achievements.  We assist our clients in identifying the appropriate project delivery system so that the project is completed on time and within the project budget.

Our construction lawyers identify and eliminate concerns and issues that hinder project commencement, and develop the front-end documents to maintain budgetary integrity.
 
Brouse works with its public sector clients to develop bid documents and utilizes an existing network of project consultants, construction managers and other professionals to ensure project success.  We are accomplished in all manner of form construction contracts such as AIA, AGC, Consensus Docs, EJCDC and forms required by various public entities, and also assist with the drafting and review of customized contracts.
 
During the project, we are prepared to respond as questions arise regarding project implementation, changes in the scope of work, or requests for information.  We aim to assist the project participants to avoid delays, manage claims, and facilitate dispute resolution.  Our lawyers understand Ohio’s mechanics’ lien law and offer practical advice in resolving, or perfecting, preserving and enforcing lien claims.  If a dispute arises, we work to make negotiation meaningful and develop strategies for success through mediation, arbitration or litigation as necessary.
 
Brouse’s construction experience includes:
  • Contract Drafting and Review
  • Project Management
  • Program Management
  • Construction Management
  • Bid Spec Development
  • Value Engineering
  • Public Bid Disputes
  • Change Order Management
  • ADR—Negotiations, Mediation and Arbitration
  • Construction Litigation
  • Contract Disputes
  • Mechanics’ Lien Filing, Foreclosure and Defense
  • Labor Disputes, Strikes and Project Interruptions
  • OSHA Compliance and Workplace Safety
  • Environmental Compliance
  • Design Professional Liability Claims
  • Schedule Analysis and Delay Claims
  • Surety Bond and Insurance Coverage Claims


Representative Matters
:

  • Provided construction management for collegiate stadium construction project
  • Represented subcontractor in litigation to pursue payment on municipal project following wrongful termination
  • Represented client in claims arising from private commercial construction
  • Represented client in contract litigation involving multi-million dollar private commercial project
  • Represented public owner to resolve contractor defects from water transmission line installation project
  • Prepared project management agreement for construction of new corporate world headquarters
  • Prepared design-build agreement, owner-contractor agreements and similar construction agreements for the construction of a new surgical center, medical center and other medical building construction projects
  • Prepared owner-contractor agreement for construction of private church project
  • Developed custom subcontractor agreement, terms and conditions
  • Developed warranty manual and claims documentation for homebuilder industry association
  • Developed design-build agreements for federal construction projects
  • Negotiated development agreement and resulting construction contracts
  • Prosecuted warranty claims arising from university construction project
  • Arbitrated multi-party claims associated with delays to private industrial project
  • Mediated claims dispute resolution concerning new construction of state appellate courthouse
  • Mediated claims involving private commercial box store construction
  • Served as general counsel for builders’ association