Construction: Ohio

THE FIRM This firm's construction practice continues to win exceptional mandates both within the state and nationwide. The team is counsel of choice for major projects including sports stadia and corporate headquarters, and it remains much in demand for contentious matters. Its expertise in newbuilds is apparent from a position as lead project counsel on an $850 million home for the San Francisco 49ers, and on a $300 million headquarters for Kohl's in Milwaukee. A subsidiary construction management consultancy brings an added level of cross-disciplinary depth to the team's offering.

Sources say: "Thompson Hine is the leader in Ohio." "They had a comprehensive handle on what needed to be done and were adept in assisting us in accomplishing it." 

KEY INDIVIDUALS Jeffrey Appelbaum leads the practice and is singled out for praise by peers and clients alike: "He's the top guy you can call and expect to answer and make something happen." One client adds that "we couldn't ask for better representation." He led a team advising on the $465 million Cleveland Medical Mart and convention center project.

Clients describe Thomas Kirkwood as "an extraordinary resource - any engagement with him shows a depth of knowledge that is impressive." As part of a team of five, he continues to advise the Ohio School Facilities Commission on partnering and mediation issues associated with its $20 billion school rebuilding program.

Patrick Sweeney is particularly well known on the transactional side. Clients value his "tremendous grasp of what contracts say and how they could be interpreted." With Appelbaum, he led on the 49ers project.

Audra Zarlenga advised the Great Lakes Dredge & Dock Company and J-Way Leasing on a $4 million claim concerning a Navy pier replacement project in Norfolk, Virginia.

THE FIRM This firm houses a balanced construction practice that is equally at home acting as project counsel, handling disputes or representing designers. It has been especially active in transactional work and recently advised a $51 million capital improvement program. On the contentious side, the firm assisted a design/build electrical subcontractor in a dispute with a US government facility concerning direct power components. Major clients include Marous Brothers and The Albert M. Higley Company.

KEY INDIVIDUALS Practice chair Barry Miller is deemed by sources to be "a talented, well-respected lawyer." In addition to leading on several of the matters above, he advised Northeast Ohio Regional Sewer District on a set-off dispute relating to a tunneling contract. 

With a focus on construction disputes, Thomas Crist advises Poggemeyer Design Group on claims relating to changes to a project concerning the expansion of industrial manufacturing facilities.  

THE FIRM With a broad practice encompassing contentious, transactional and advisory work, this firm is best known for representing large public sector institutions. Among its many municipal clients are the City of Zanesville, Salem Township and the City of Fremont, on behalf of which it defended a $5 million claim arising from the termination of a contract linked to a water reservoir project. The firm also represented Dayton Public Schools in bringing claims amounting to $1.5 million over design errors and defective construction plans. 

Sources say: "Their philosophy is one of client service first." "There is plain excellence there." 

KEY INDIVIDUALS Jack Rosati leads the group and is respected across the industry, especially for his litigation skills. One client claims that "I have the utmost confidence in what he does: he gets to know his clients and what they like and don't like, and that's reflected in his work." He co-led for the City of Zanesville on a contractor's delay claims relating to construction of a water treatment plant.

Samuel Wampler co-led on the Dayton Public Schools litigation and City of Fremont claims, while Mark Evans is praised for being "detail-oriented and responsive." He led on a range of construction work issues for the Cincinnati Metropolitan Sewer District.

THE FIRM This firm has carved a highly successful niche acting for contractors and subcontractors, especially in relation to contentious matters. Its teams are equally strong in litigation and alternative dispute resolution techniques, and also handle front-end matters such as contract review and risk allocation. Major clients include GEM Industrial and The Shelly Company.

Sources say: "They act as though they are part of our company, so they use our money wisely and give us great options so we can make intelligent decisions."

KEY INDIVIDUALS Andrew Natale has a reputation for strenuously defending his clients' interests. Sources describe him as "an excellent communicator with a photographic memory."  

Ian Frank handles complex disputes and contract negotiations, bringing with him a strong specialty in surety law.

Associate Nora Loftus focuses her practice on construction litigation.

THE FIRM This firm counts industry players such as Turner Construction, Baker Concrete Construction and Ben Hur Construction among its clients and is suitably placed to handle a range of litigious and transactional matters.  The team is also particularly active in representing contractors, subcontractors and school authorities, particularly in reviewing and negotiating construction agreements.   

KEY INDIVIDUALS Scott Gurney leads the group and is especially well known for his work on contentious matters.

John Higgins also focuses on litigation, representing major contractors and construction managers in cases as far as the Ohio Supreme Court.

Since publication, Thomas Gabelman has joined the team from of Vorys, Sater, Seymour and Pease LLP. He is admired by sources for his work as an owners' representative, and is praised for his "detail-oriented and strategic" approach to matters.

THE FIRM This Indianapolis firm's recent merger with Schottenstein Zox & Dunn adds depth to its construction capabilities in Ohio, especially in the representation of contractors. The new team's combined strengths include strong experience of construction defect cases and mediation.

KEY INDIVIDUALS Michael Tarullo is described as "a knowledgeable attorney who we have a tremendous amount of respect for." Based in Columbus, he is coordinator of the practice and regularly acts on all manner of construction disputes.

THE FIRM Kegler, Brown, Hill & Ritter remains well regarded for representing subcontractors, and underlined its credentials recently in advising key parties on the $1 billion OSU Project One hospital expansion. Indeed, the team counsels major trade groups such as the American Subcontractors Association, and attracts mandates to handle construction disputes and federally aided development projects. It represented the owners on $20 million of claims for defects arising from construction of the GOE Ethanol Plant. 

KEY INDIVIDUALS Practice head Donald Gregory "always gives you the feeling that he's looking out for you," according to clients, who add that "his approach is to get things resolved without incurring lots of costs and butting heads." Though best known for his prowess in litigation, he served as construction counsel on the redevelopment of downtown Columbus.

THE FIRM This firm's broad construction practice sees it working on contentious and transactional matters as well as international arbitrations. Attorneys here have been active advising on newbuilds using both private and public finance, representing Marous Brothers on a federal construction project in Alabama and Rock Ohio Caesars on negotiations surrounding casinos in Cleveland and Cincinnati.

Sources say: "Very diligent. They worked through several issues we had, to come up with an extensive document." 

KEY INDIVIDUALS Peter Comodeca chairs the group and is greatly familiar with green energy matters. Clients describe him as "a problem solver from the get-go." He advised MetroHealth Medical Center in litigation and arbitration proceedings against prime contractors.

Stanley Dobrowski is well known for his experience of representing public owners. He advised Walsh Construction on the successful defense of four challenges to its selection as design-builder for the $300 million renovation of the I-90 viaduct in Cleveland.

THE FIRM This group is active in public projects within Ohio and includes in its ranks practitioners involved in contentious matters across the country. Currently it serves as outside counsel to Johnson Controls on disputes arising in Mississippi, Pennsylvania and Massachusetts. The firm's relationship with McNally Tunneling also brings in sizable mandates, with highlights including advice on a joint venture with Kiewit Construction for a $70 million tunnel build in Columbus. The firm also handled the Cleveland Museum of Art's $300 million renovation.

KEY INDIVIDUALS Practice head Rob Remington is described by clients as "a great litigator who you definitely want on your side: he's very approachable yet fierce in action."  

Eric Levasseur advises owners, contractors, subcontractors and suppliers on construction-related disputes and arbitrations.

THE FIRM This firm's recent incorporation of Chester, Willcox & Saxbe adds further capability to an already strong group. In addition to existing relationships with institutions such as Developer's Diversified Realty and Case Western Reserve University, the expansion of the practice brings renewed strength in renewable energy, especially in hydroelectric power projects. The firm advised DCI Properties-DKY on contractual concerns and associated litigation surrounding a $900 million mixed-use development on the Ohio River.

KEY INDIVIDUALS Craig Paynter is valued by clients for his "down-to-earth, personable" style and "good command of the law, strategy and process." He is particularly experienced in public sector litigation and contracting, advising Ohio State University on construction administration and claims associated with its Larkin's Hall recreational facility.

Donald Leach of Dinsmore & Shohl LLP is described as a "well-rounded, thorough lawyer who's also very tenacious." He advised the Columbus Regional Airport Authority in defending an action by a rejected bidder for a $15 million construction contract. 
Thomas Vickers of Vickers Law Group is particularly commended for his defense of architects and design professionals.
John Petro of Williams & Petro Co. LLC is held in high regard for his knowledge of surety law and for his wealth of experience in mediation and arbitration.
Thomas Rosenberg of Roetzel & Andress, LPA is highly experienced in construction disputes, serving as chair of the Project Delivery Systems division of the American Bar Association.
Steven Friedman of Squire Sanders (US) LLP has a broad litigation practice that includes representing owners in construction disputes.
Sole practitioner Henry Reder is especially well known for his representation of design professionals and healthcare clients. Interviewees consistently praise his knowledge of construction law, with one informing researchers that "he has an excellent understanding of the issues before us." He advises on construction management at risk and design-build contracts for major healthcare centers.
Kenneth Fisher of Fisher Law Firm is widely respected for his drafting skills and transactional work. "He's very strategic with his clients in drafting documents that help them manage projects and avoid conflict," one source notes. He advised American Municipal Power on the construction of a $416 million, 84 MW hydroelectric plant on the Ohio River. 

Future Events 

16th May 2013: GC Seminar, London Sponsor-backed IPOs: IPO Exits of Portfolio Companies

21st May 2013: GC Seminar, New York Hackers Are After Your Data!: Practical Ways To Reduce Data Security Breach Exposure

23 May 2013: Chambers USA Awards for Excellence 2013, New York 

24 May 2013: Launch of Chambers USA 2013, New York and online

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam