Construction IndustryExperience
Represented School District in Acquisition of Land
We drafted and negotiated the purchase agreement for the acquisition of land by a school district and advised client on requisite due diligence procedures including obtaining surveys, Phase I investigation, parcel split, rights of first refusal, creation of easements and restrictive covenants in preparation for construction of school facility on acquired land.
Outside General Counsel to a Growing Brand
Client: MadTree Brewing
When Kenny McNutt, Brady Duncan and Jeff Hunt had a dream to open their own craft brewery, they sought legal guidance from Dinsmore. By the time Cincinnati’s MadTree Brewing opened in 2013, our attorneys had already played a significant role in its development – from helping to raise the original capital to structuring and executing loan financing.
“Dinsmore gives peace of mind and guides us through murky waters,” said McNutt. “They’re reputable, and I always know I get the best answer for the information available at the time.”
Today, Dinsmore serves as MadTree’s outside general counsel, advising on contracts, real estate, trademark, employment matters, securities and other legal needs as they arise.
“They have every facet we need, and they’re super easy to work with,” added McNutt. “I recommend them whenever anyone asks. They’re trustworthy, really, really good and well worth the peace of mind.”
MadTree was the first modern craft brewery to can its beer in Ohio, and, within four short years, the brewery had grown so significantly they opened an $18 million facility to accommodate larger crowds and increased demand for production. Dinsmore attorneys were with them every step of the way.
Divestiture of telecom construction and service company
We served as counsel to a family-owned telecom construction and service company in a $30 million divestiture.
Represented Design-builder in Construction of $200 Million Mixed Use Development
We represented a design-builder in negotiating and drafting construction and construction-related contracts for a new $200 million mixed use development in the City of Norwood that includes a parking garage, hotel, theater, and retail shops. The contracts were modified to include new construction reform provisions, which were being implemented during the negotiations phase.
Prepared construction contracts for a major national facilities expansion for a NYSE-traded company
Our client, a national retail services company, undertook a major national facilities expansion. Mr. Hahn prepared the construction contracts for the design professional and contractor, and tailored them to work for a national rollout of each retail location.
Prepared EPC contracts for electrical substations in Vermont
Mr. Hahn drafted engineering, procurement, and construction contracts on behalf of the owner in the construction of electrical substations in Vermont.
Customized construction contracts for restaurant chain expansion
We represented a chain of restaurants in Ohio that currently has a half-dozen locations throughout the state. The client is looking to expand, and we worked with them to develop a customized construction contract for their new facilities.
Construction Bid Protest Matter
We represented a large window manufacturer and installer in a construction public bid protest matter. Our client submitted a bid for work on an Ohio school, but was not selected after claims that their bid did not match the specifications outlined in the bid proposal.
Nationwide Arena Ownership, Use and Management
We served as counsel to the Franklin County Convention Facilities Authority in a transaction by which the Authority became the owner of Nationwide Arena with financing provided by the City of Columbus, Franklin County, State of Ohio and Nationwide Insurance based on casino tax revenue.
We were intimately involved in all aspects of the transaction and took primary responsibility for drafting and negotiating the $42.5 million purchase agreement providing for the sale and restructuring of the existing arena ownership. Further, we negotiated and prepared the other major agreements between the Blue Jackets, Nationwide and OSU that provided, amongst other items (i) the team’s continued use of the arena as its “home ice” through 2039, and (ii) the shared management and allocation of expenses for the arena.
The transaction marked one of the largest ventures between the private and public sectors in recent history in Central Ohio and made a significant statement within the Columbus community.
Anonymous Plaintiff v. General Contractor
Plaintiff filed suit against our client, a general contractor, seeking $100,000 for defects in Plaintiff's home related to the use of synthetic stucco (EIFS) material. Dinsmore & Shohl obtained a dismissal in favor of the general contractor on the basis of the North Carolina Statute of Repose.
Anonymous Plaintiff v. General Contractor
Plaintiff filed suit against our client, general contractor, seeking $1 million for defects in Plaintiff's home related to the use of synthetic stucco (EIFS) material. Dinsmore & Shohl negotiated settlement with the homeowners on the general contractor's behalf and prosecuted third-party claims against the EIFS product manufacturer.
Anonymous Plaintiff v. General Contractor
Plaintiffs filed a $300,000 suit against our client, the general contractor, for defects in Plaintiff's home related to moisture intrusion and structural defects. The general contractor in turned filed suit against 12 different subcontractors. The case was settled favorably for the client after two days of mediation.
Anonymous Plaintiff v. General Contractor
Plaintiff filed suit against our client, a general contractor, seeking $1,000,000 for defects in Plaintiffs' home related to the use of synthetic stucco (EIFS) material. Dinsmore & Shohl obtained dismissal in favor of the general contractor, individually, which was affirmed on appeal.
Anonymous Plaintiff v. General Contractor
Plaintiff filed a $300,000 suit against our client, the general contractor, for defects in Plaintiff's home. The claim went through arbitration, settling favorably for the client after a minimal verdict was rendered.
Anonymous Plaintiff v. General Contractor
Plaintiff filed suit for $1,000,000 against our client, the general contractor, for defects in Plaintiff's home. The claim went through a week-long arbitration, settling favorably for the client before a verdict was rendered.
Anonymous Plaintiff v. General Contractor
Plaintiff filed suit for $300,000 against our client, the general contractor, for defects in Plaintiff's home. The claim went through three days of arbitration, settling favorably for the client after a minimal verdict was rendered.
Anonymous Plaintiff v. Insurance Company
Plaintiff filed a class action lawsuit against our client, an insurance company, seeking coverage in excess of $75,000 for moisture intrusion damage due to defects in Plaintiff's home. The case was removed to Federal court, was never certified as a class action and was eventually dismissed.
Anonymous Plaintiffs v. Window Manufacturer
Plaintiffs filed a $200,000 suit against the general contractor, who in turn filed suit against our client, a window manufacturer, for alleged defects in the windows. The case was settled after mediation.
Anonymous Plaintiffs v. Window Manufacturer
Plaintiffs sued our client, a window manufacturer, for $75,000 for allegedly defective windows. The case was settled.
Bohl v. Hauke
Dinsmore & Shohl defended American Building Components in a Highland County, Ohio case involving allegations American Building Components breached its limited written warranty, was negligent, and breached an alleged obligation of good faith and fair dealing when it supplied a roof to a general contractor, who constructed a commercial dairy barn for the plaintiff. The case was dismissed based upon the Court's enforcement of a forum selection clause contained in the limited written warranty. In essence, the Court refused to let the plaintiff selectively enforce the provisions of the limited written warranty. The Court's ruling was upheld by Ohio's Fourth Appellate District, and the opinion is published as: Bohl v. Hauke (4th App. Dist. 2009) 180 Ohio App.3d 526.
Breach of Contract Claims
Represented a commercial/residential roofing contractor who asserted claims of breach of contract relating to monies due from general contractor for work on a large condominium project. Also defended client against claim of faulty workmanship. Case was settled on terms favorable to our client.
Certificate of Public Convenience and Necessity in Contested Case Involving Construction of Additional Water Supply Facilities
We represented our client, a large water company, in a heavily-contested case before the Kentucky Public Service Commission regarding a different large water utility’s efforts to build a new water treatment plant. By presenting a reliable, cost-efficient alternative to the other water utility’s proposal, our representation was successful in paving the way for fruitful discussions between our client and other new large potential customers.
Commercial Construction Dispute Relating to Payment
We represented a material supplier in a commercial construction dispute in which our client was seeking in excess of $400,000 for materials supplied to the project. After the general contractor failed to pay the amounts due (and subsequently went out of business), we made a claim on the payment bond associated with the project. The surety company refused to pay our client’s claim on the bond, contending that our client was not entitled to recover because the project owner had issued joint checks payable to the general contractor and the owner. We successfully overcame the surety company’s reliance upon the “joint check rule” by prevailing on a motion for summary judgment. The court of appeals and the Supreme Court of Ohio affirmed the summary judgment ruling in favor of our client. Accordingly, our client was able to recover the entire unpaid amount from the bonding company, plus interest and fees.
Demarco Inc. v. Johns Manville Corp., et al.
Roofing products case -- defense verdict upheld on appeal in the Franklin County (Ohio) Court of Appeals. Allegations included breach of warranties, indemnification and tortious interference with contracts.
Homeowner v. General Contractor and Siding Manufacturer
We represented the Plaintiff homeowner in a suit for $200,000 against the general contractor and siding manufacturer for damages to the client's home. The case was settled at mediation.
Hotel Owners v. Painting Subcontractor
Plaintiff hotel owners filed a $300,000 suit against our client, a painting and moisture proofing subcontractor, and against the coating manufacturer for moisture damage to the hotel. The claim settled favorably for the client after mediation and before trial.
Lien Claims
I have successfully litigated and mediated multiple lien claims in numerous construction-related cases throughout Ohio.
Litigation Relating to Change Order For a Construction Contract
We represented a general contracting company based out of Atlanta, Georgia in a complicated construction litigation matter in the United States District Court for the Southern District of Ohio. The case related to issues associated with change orders for the scope of work and contentions regarding the quality of workmanship. Following the conclusion of a two-week trial, we obtained a jury verdict in excess of $1,000,000 for our client. We were subsequently able to negotiate a favorable settlement of this matter and two related cases that were pending in State court.
Nationwide Arena
As questions swirled around the economic future of the Columbus Blue Jackets, representatives of Franklin County, the City of Columbus, The Ohio State University (OSU), Nationwide Insurance and the Franklin County Convention Facilities Authority (CFA) formed a working committee to examine potential ways to help the Blue Jackets and keep them in Central Ohio. Along with OSU athletics, the Blue Jackets are one of the city’s biggest entertainment draws, and ensuring the viability of the team, along with Nationwide Arena, is important to not only the franchise’s future, but also the city’s economic health.
Dinsmore was the firm chosen to represent the CFA to negotiate and close this complex, multi-layered transaction. Dinsmore worked with the CFA and the other parties to develop a structure that allowed the CFA to take direct ownership of Nationwide Arena while allowing certain operating and capital expenses to be shared among the parties. To undertake this expense-sharing relationship, a non-profit entity called Columbus Arena Management (CAM) was formed as a joint undertaking by the CFA, Blue Jackets, Nationwide and OSU to operate and manage Nationwide Arena.
Dinsmore was intimately involved in all aspects of the transaction and took primary responsibility for drafting and negotiating the $42.5 million purchase agreement providing for the sale and restructuring of the existing arena ownership. Further, Dinsmore negotiated and prepared the other major agreements between the Blue Jackets, Nationwide and OSU that provided, amongst other items (i) the team’s continued use of the arena as its “home ice” through 2039, and (ii) the shared management and allocation of expenses for the arena. This transaction is projected to increase the arena’s viability as the financial stakes and responsibilities are now shared among a number of entities through CAM. Additionally, the Blue Jacket’s cost of occupancy is being reduced, which will enable them to better compete financially with other franchises.
The transaction marked one of the largest ventures between the private and public sectors in recent history in Central Ohio and made a significant statement within the Columbus community. In addition to ensuring the long-term viability of the Blue Jackets, Nationwide Arena and surrounding geographic areas, it also represents the coming together of several organizations and entities, each of which brought essential components to the transaction. In so doing, the CFA was able to build a better future for Columbus.
Dinsmore is proud and honored to have had the opportunity and responsibility to manage the process and provide counsel at each step.
Northwestern Ohio Building & Construction Trades Council v. City of Toledo, et al., Lucas County Court of Common Pleas
Plaintiff Union claimed violation of prevailing wage and hour laws under Ohio Revised Code. Successfully negotiated a settlement at less than 50% of full value of case and avoided attorneys fees.