Throughout his career, Jim has been helping members of the construction industry manage risk, avoid loss, and resolve disputes on projects throughout the country. He drafts and negotiates construction contracts, advises clients during the course of construction, and resolves disputes through mediation, arbitration and litigation. He has handled claims relating to defective construction, schedule delay, disruption and acceleration, differing site conditions, unapproved change orders, payment and performance bonds, and mechanic’s liens, among others. He has unique experience in advancing bid protests on public projects, in resolving disputes on tunneling projects, and in addressing disputes on projects utilizing the integrated project delivery system. He also resolves transactional real estate disputes in residential and commercial contexts.
Experience
- 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 a major Ohio city in the face of a bid protest from another construction company on a renovation project at Cleveland Browns Stadium (now Huntington Bank Field)
- 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