Experience
Obtained a $1 Million-Plus Settlement for Our Client
We obtained a settlement in excess of $1 million for our client in a large, complex action against a public owner for concurrent delay, interference, changed conditions, unenforceable liquidated damages and breach of contract in relation to the construction of a waste water treatment facility. The case involved significant understanding of the project’s technical components, exchange of documents, multiple experts and culminated in a day-long mediation.
Membership purchase agreement of media holding company subsidiary
We served as transaction counsel in advising the seller in the sale of the membership interests in iNet Interactive, LLC to Penton Media. iNet is an information services company and Dinsmore leveraged our experience in representing technology and information services companies to advise the seller at every phase of the transaction, including the selection and negotiation of an investment banker, managing the auction process, structuring the transaction, negotiating the transaction documents, advising on tax related matters, due diligence preparation, and closing the transaction, all to the satisfaction of our client.
Counseled a SaaS company through a complex merger
We served as deal counsel in advising our client, a software-as-a-service provider that serves the construction industry, through a complex reverse triangular merger involving an industry competitor and a private equity firm. Genstar Capital, a private equity firm that focuses on investing in software and technology companies, purchased our client iSqFt and another SaaS company that serves the construction industry, BidClerk. The transaction enabled Genstar to create an integrated company to fully serve the software, data and technological needs of the commercial construction industry. We worked on behalf of our client to navigate through every step, through initial due diligence to negotiating terms with Genstar and BidClerk and closing the transaction, The transactions will enable our client to significantly strengthen their platform of services and meet the evolving needs of their customer base.
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.
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.
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.