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James T. Dixon Partner
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- Biography
Since 1997, Jim has helped members of the construction industry manage risk, avoid loss, and resolve disputes on projects throughout the country. He drafts and negotiates construction contracts, advises clients during the course of construction, and resolves disputes through mediation, arbitration and litigation. He has handled claims relating to defective construction, schedule delay, disruption and acceleration, differing site conditions, unapproved change orders, payment and performance bonds, and mechanic’s liens, among others. He has unique experience in advancing bid protests on public projects, in resolving disputes on tunneling projects, and in addressing disputes on projects utilizing the integrated project delivery system. He also resolves transactional real estate disputes in residential and commercial contexts.
Jim serves as Co-Chair of Brouse McDowell’s Construction Contracting & Disputes Practice Group. He is AV® Preeminent™ Peer Review Rated through Martindale-Hubbell, an Ohio Super Lawyer®, and a member of the American Arbitration Association’s Panel of Construction Arbitrators.
- Professional & Civic Activities
- American Arbitration Association, Panel of Construction Arbitrators, Member, 2010-present
- Senior Lecturer, University of Akron Department of Civil Engineering, Construction Technology, and Surveying & Mapping, (2021-present)
- Cleveland Metropolitan Bar Association, Member; Founding Chair, Construction Law Subcommittee (2023)
- The Nature Center at Shaker Lakes, Board Member, 2012-2022, Board Chair, 2018-2020
- U.S. Green Building Council, Northeast Ohio Chapter, Board Member, 2013-2016
- The Legal Aid Society of Cleveland, Volunteer Lawyers and Partners in Justice Programs, 2005-present
- The City Club of Cleveland, New Leaders, 2005-2009, Diversity Committee, 2007
- The Citizens League of Greater Cleveland, Board Member, 2010-2021
- Pro Arts, Inc., Oakland, California, Board of Directors, Member, 1999-2003
- Articles & Presentations
- "A Cybersecurity Primer for Contractors: Threats, Liability and Insurance" CE This Week, Construction Executive (October 31, 2022)
- "Mechanic’s Lien Strategy: The Costs and Benefits of Perfecting and Pursuing Lien Rights" CE This Week, Construction Executive (August 12, 2022)
- "Unfair and Deceptive Practices May Lead to a Residential Contractor's "Corporate Death Sentence," Co-Authors Teresa Santin and Jenna Pletcher, RE&C In Review, Brouse McDowell Blog (August 15, 2022)
- "Improve the Bottom Line Using Subrogation Waivers," CE This Week, Construction Executive (July 15, 2022)
- "Ohio's Homebuilders and Remodelers Must Improve Their Contract Forms," RE&C In Review, Brouse McDowell Blog (January 18, 2022)
- "Design Professionals Will Be Granted Lien Rights on Commercial Projects Under Senate Bill 49," Co-Author Hanne-Lore Gambrell, RE&C In Review, Brouse McDowell Blog (August 31, 2021)
- "A Construction Executive's Personal Liability for Employment Decisions," CE This Week, Construction Executive (August 10, 2021)
- "Keeping a Home Renovation on Track," Media Mention, Super Lawyers (June 11, 2021)
- "Compliance With Anti-Trafficking Terminology in Construction Contracts," CE This Week, Construction Executive (May 11, 2021)
- "Pressing Pause and Pressing Stop: The Strategic Use of Contractual Suspension and Termination Rights," RE&C In Review, Brouse McDowell Blog (March 15, 2021)
- "Crossing the Line: Contractor Liability and Mechanic's Liens," Co-Author Sarah Sears, RE&C In Review, Brouse McDowell Blog (January 25, 2021)
- "Pressing Pause and Pressing Stop: The Strategic Use of Contractual Suspension and Termination Rights," CE This Week, Construction Executive (January 31, 2020)
- "Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers," CE This Week, Construction Executive (October 29, 2020)
- "The Growth of BIM and Its Impact on Contractor Risk," Co-author with Alexandra Dattilo, CE This Week, Construction Executive (September 6, 2020)
- "Crossing the Line: Contractor Liability and Mechanic's Liens," Co-author with Sarah Sears, CE This Week, Construction Executive (July 10, 2020)
- "The Critical Need to Comply With Contractual Notice Provisions in Light of COVID-19's Cost and Schedule Impacts," CE This Week, Construction Executive (May 13, 2020)
- “Keeping Your Distance: Construction Projects, Social Distancing & COVID-19,” Co-speaker with Christopher J. Carney of Brouse McDowell and Julie Sumner of Monarch Endeavors, Brouse McDowell Webinar (April 27, 2020)
- “Insurance Coverage for Construction Defect Claims Post-Ohio Northern,” co-speaker with Amanda M. Leffler, and Jodi Spencer Johnson, The Builders Association Educational Seminar, Canfield, Ohio (March 4, 2020)
- "Pricing Methods and Project Delivery," Speaker, ICSC Retail Development & Law Symposium, Columbus, Ohio (March 1, 2019)
- "Construction Contracting Basics," Speaker, Construction Contract Workshop, HalfMoon Education, Inc. (September 2017)
- "Recent ISO CGL Changes: New Construction Indemnity Pitfalls," Speaker, NBI, Inc. (August 2016); Brouse Webinars (May 2017)
- "Reviewing Bid Documents," Speaker, Construction Contract Workshop, HalfMoon Education, Inc. (September 2016)
- "Indemnity Provisions: Is the Subcontractor Responsible? What About the Design Professional?" Speaker, Construction Defect Litigation: From A to Z, NBI Inc. (May 16, 2016)
- "Perilous Provisions in Construction Agreements," co-author with Amanda P. Parker, Brouse McDowell Construction & Coverage Law Seasonal Newsletter (May 13, 2016)
- "Killer Clauses in Construction Subcontracts: Allocating Risk with Subcontractor Agreements," co-author with Amanda P. Parker, Brouse McDowell Construction & Coverage Law Seasonal Newsletter (April 21, 2016)
- "Construction Contracts," Brouse McDowell Business Minutes (August 6, 2015)
- "Construction Industry," Brouse McDowell Business Minutes (June 11, 2015)
- "Pay-if-Paid Terms in Subcontracts: Love, Hate & the Transtar Decision," Properties Magazine, Inc. (March 2015)
- "Start with a plan - Construction projects must include strong planning to achieve your goals," Smart Business News (February 2015)
- "Construction Lien Law in Ohio," Speaker, Lorman (Annually 2006-2013); NBI, Inc. (2015); Access CLE (2015)
- "Project Delivery Methods," Speaker, Fundamentals of Construction Contracts, Lorman (Annually 2004-2007, 2013, 2014); HalfMoon Education, Inc. (January 2018)
- "Construction Contracts: Negotiating Key Provisions," Speaker, NBI, Inc. (2014)
- "Unjust Enrichment: When All Else Fails - Equity Prevails," co-author with Michael J. Frantz, Jr., Properties Magazine, Inc. (December 2013)
- "Project Manager Development Program, Risk Management Module," Construction Employers Association (December 2012, December 2013)
- "Indemnity Agreements & Contractual Risk Allocation," Speaker, Construction Defects Litigation - NBI, Inc. (December 2012, May 2016); Construction Law: Advanced Issues and Answers - NBI, Inc. (December 2017)
- "What Happened?" Ohio Construction Reform - The Contractor's Perspective, Frantz Ward (June 2012)
- "Tackling Oil & Gas Projects in Ohio," co-author with J. Isaacs, Builders Exchange Magazine (January 2012)
- "Allocation of Loss Among Insurance Policies," CEU Institute (February 2011)
- "Independent Counsel for the Insured," CEU Institute (February 2011)
- "Lien Law Traps: What You Should Know," co-author with M. Jones, Builders Exchange Magazine (December 2010)
- "Construction Law for Architects, Engineers & Contractors," HalfMoon Education, Inc. (November 2009, December 2010)
- "Ohio Courts on the Scope of Arbitration Agreements," Builders Exchange Magazine (February 2010)
- "Managing Construction Projects in Ohio," Lorman (Annually 2006-2009)
- "Construction Law from Contract to Close-Out," Lorman (October 2008)
- "Ohio's Asbestos Regs: What You Must Know Before Building," co-author with J. Koncelik, Builders Exchange (July 2008)
- "Family Feud: Updated AIA Contract Documents and New Consensus Docs Battle for Market Share," co-author with M. Sanchez, Builders Exchange (March 2008)
- "What To Do When Projects Go Bad," Lorman (May 2005)
- "Change Orders in Ohio," Lorman (April 2005)
- "The ABCs of Contract Review and Negotiating," Lorman (March 2005)
- "On Lemon Squeezers and Locking Devices: Consumer Product Safety and Firearms, A Modest Proposal," 47 Case W: Res. L. Rev. 979 (1997)
- 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.
- Distinctions
- The Best Lawyers in America© through a peer-review survey as listed in the Construction Law and Real Estate Law sections — 2020-2023
- AV® Preeminent™ Peer Review Rated through Martindale-Hubbell
- Ohio Super Lawyers® through a peer- and achievement-based review conducted by the research team at Super Lawyers, a service of Thomson Reuters legal division — 2010-2023
