Practices
- Overview
Construction Contracting & Disputes
From the most sophisticated public and private commercial and industrial projects to residential construction that exemplifies the culmination of personal achievements, Brouse McDowell’s construction law attorneys provide a full complement of legal services for all types of construction projects.
We work with developers, owners, general and specialty contractors, design professionals, construction managers, owner’s representatives, and material manufacturers on contracting, contract administration, claims resolution, design and project conceptualization. We focus on risk management and loss avoidance from conception to close-out.
Brouse McDowell’s attorneys have experience negotiating and litigating the most common contract forms such as those published by the AIA, Consensus Docs and the EJCDC. We are equally familiar with many of the forms utilized by public entities, and we can assist with the preparation and review of customized contracts. We protect our clients’ interests with contract forms and terminology, identify and consult on issues that arise during the lifecycle of the project, and provide counsel and dispute resolution services.
Brouse McDowell’s experience includes:
Construction Litigation, Arbitration and Mediation
- Contract disputes and claims
- Construction defects
- Schedule delays, lost productivity, and differing site conditions claims
- Mechanics’ lien filing, foreclosure and defense
- Surety bond claims
- Insurance coverage claims
- Design professional liability claims
- Public bid disputes
- Risk management
- Bid and specification development
- Environmental compliance
- Change order and claims management
- Project interruptions
- OSHA compliance and workplace safety
- Labor disputes and strikes
We have unique experience with public construction projects involving tunneling, highway and bridge construction and storm and sanitary improvement projects, water intrusion issues in any structure, specialty roofing materials such as TPO, material failures involving wood composite, concrete, coatings, and specialty siding materials, problems arising from land movement, and residential disputes involving new construction and renovation.
Practice Co-Chairs:
Teresa G. Santin
216.830.6830James T. Dixon
216.830.6804
- 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.
