Experience
Prime Contractor v. Owner and Project Engineer
Obtained multi-million dollar settlement for Prime Contractor in large, complex action against Owner and Project Engineer for delay, interference, breach of contract, and related claims. The case involved significant electronic and paper discovery, extensive deposition practice, extensive motion practice, multiple experts, complex case management methods, and varied methods of alternative dispute resolution.
Quantum Construction Company v. Board of Township Trustees of Anderson Township
Dinsmore & Shohl represented Quantum Construction Company ("Quantum") in a lawsuit filed against the Board of Township Trustees of Anderson Township ("Anderson Township") related to breach of contract and construction delay claims arising from Quantum's work as a general contractor on the construction of the Anderson Center. Anderson Township counterclaimed for more than one million dollars in liquidated damages pursuant to the parties' contract for construction delays. After significant litigation, Quantum favorably settled the case in return for a substantial payment by Anderson Township.
Regional Gas & Electric Company v. Turbine Manufacturer
Our client, a turbine manufacturer, contracted with a regional gas & electric company for the sale, construction, and installation of a turbine generator and associated equipment for use at one of its power stations. The gas & electric company filed a suit seeking in excess of $1 million, alleging that during installation, our client failed to properly install the generator and that the generator suffered substantial damage when certain parts broke. Plaintiff asserted claims for negligence and breach of contract. We obtained summary judgment for the Defendant, arguing the contract and the economic loss rule precluded all of Plaintiff's claims. The Sixth Circuit Court of Appeal upheld summary judgment.
Representation of Business Owners on Build-Outs
Represented business owners in disputes on build-outs on behalf of multiple restaurants, businesses and shopping complexes, including franchise-related clients.
Representation of Home Builders
Represented multiple home builders in claims throughout Ohio on multiple legal issues, lawsuits, mediations, arbitrations, liens and supplier disputes.
Represented Graeter’s Manufacturing in all Aspects of Construction of its Manufacturing Facility
We represented Graeter’s Manufacturing Co. with respect to the acquisition, development and construction of its manufacturing facility on Paddock Road in Cincinnati, Ohio.
Serial Litigation Involving EIFS
Our firm acted as National Coordinating Counsel and handled serial product liability construction litigation throughout the country totaling $100 million involving EIFS exterior cladding. We were retained to represent dozens of clients in the construction industry in over 500 EIFS litigation cases, all of which proceeded through mediation, arbitration, trial or appeal.
SK Construction v. Municipality
Obtained jury defense verdict in matter involving several million dollars in claims against the owner by the prime contractor based on claims of breach of contract and project design issues which allegedly caused delay.
State Agency Representation
As a former Ohio Assistant Attorney General, represented ODOT, DAS and numerous state agencies in the defense and prosecution of construction claims.
Thomas and Marker Construction v. Big Box Retailer
Plaintiff claimed complex construction contract was misleading and did not fairly advise Plaintiff of site existing conditions which increased Plaintiff's costs to build the project.
Thomas and Marker Construction v. Big Box Retailer
Worked on motion for summary judgment in a matter where plaintiff claimed damages for work on purported “unforeseen” site conditions where subsurface rock was encountered during excavation. Was successful in convincing court that Spearin doctrine, which permits an action for implied warranty of accuracy of plans, was not applicable in Ohio to non-government construction projects and this claim, along with claims for promissory/equitable estoppel, unjust enrichment, fraud in the inducement, and breach of implied duty of good faith and fair dealing should be dismissed.
Village
Represented Village as owner of large, multi-year flood control project in negotiations with co-owner City, contractors, public utilities, private landowners, and U.S. Army Corps of Engineers. The project included contract negotiation, contractor claims, eminent domain, property acquisition, government compliance, utility relocation, and legislation.
Water Works Supplies, Inc. v. Grooms Construction Co.
Our firm represented the Plaintiff in a suit involving a complex claim against a surety bond and general contractor arising out of a construction project. Our client supplied large quantities of material to the general contractor on a public construction project in Highland County, Ohio. When the general contractor failed to pay our client for these materials, we filed a Complaint on behalf of our client against the material supplier and the surety company. The surety company asserted a variety of defenses to our client's claim for payment, including an argument that our client's claim was barred by the "joint check rule." After extensive litigation through the trial court and the court of appeals, we ultimately obtained summary judgment on behalf of our client against the surety company, and were able to recoup the entire amount due to our client, plus interest. This case involved novel legal issues of first impression in Ohio. Through the effective use of motion practice and thorough research, we were able to obtain a substantial recovery on behalf of our client in a vigorously contested case.
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