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
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
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
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
December 29, 202315 Brouse Attorneys Named 2024 Ohio Super Lawyers and Rising Stars
November 02, 2023Brouse McDowell Recognized in Best Lawyers "Best Law Firms" in 23 Metropolitan Practice Area Rankings
August 17, 2023The Best Lawyers in America 2024 Recognizes 24 Brouse Attorneys in 28 Practice Areas and 3 Attorneys as "Ones to Watch"
May 18, 2023Brouse McDowell Announces New Practice Co-Chair
May 18, 2023Brouse McDowell Announces New Practice Co-Chair
December 29, 202224 Brouse Attorneys Named 2023 Ohio Super Lawyers and Rising Stars
November 03, 2022Brouse McDowell Recognized by U.S. News & World Report's "Best Law Firms" 2023 in 29 Metropolitan Practice Area Rankings
August 18, 2022The Best Lawyers in America 2023 Recognizes 27 Brouse Attorneys in 32 Practice Areas and 5 Attorneys as "Ones to Watch"
August 19, 2021The Best Lawyers in America 2022 Recognizes 28 Brouse Attorneys in 32 Practice Areas and 6 Attorneys as "Ones to Watch"
December 14, 2020Jim Dixon Presents at the NBI Webinar "Drafting and Negotiating Complex Indemnity Provisions"
- Articles
January 24, 2024Catching Killer Clauses in Contract Negotiations
August 23, 2023What Do NFTs Have to Do With the Construction Industry?
November 15, 2022Down with PVC? Implications to Construction Industry as EPA is Pushed to Consider PVC as Hazardous Waste
December 29, 2020Libby Schultz Yeargin Authors Practical Guidance Note on Force Majeure Clauses
- Blogs
Insurance Blog
May 23, 2023Coverage Counselor and RE&C In Review: Fortuity: Defining the Cost of Doing Business
RE&C Blog
May 23, 2023Coverage Counselor and RE&C In Review: Fortuity: Defining the Cost of Doing Business
August 15, 2022RE&C In Review: Unfair and Deceptive Practices May Lead to a Residential Remodeling Contractor's "Corporate Death Sentence"
March 15, 2021RE&C In Review: Pressing Pause and Pressing Stop - The Strategic Use of Contractual Suspension and Termination Rights