Thomas L. Rosenberg

Tom focuses his practice on construction law and civil litigation and leads Roetzel’s Construction Law practice, which has been recognized by US News & World Report as one of the best law firms nationally and regionally for construction and construction litigation from 2012 to 2025.

Tom is a Fellow in the American College of Construction Lawyers and served on its Board of Governors. He is a past Chair of the American Bar Association Forum on Construction Law. He has been honored by Chambers USA as a leading construction lawyer in the State of Ohio since it began ranking US lawyers and law firms in 2003 and is presently listed in Band One for construction lawyers in Ohio. A recent edition of Chambers USA stated that Tom comes highly recommended for his skill in handling contentious matters. He is“esteemed for his broad expertise and has an impressive list of clients.” He has been selected as an “Ohio Super Lawyer” by Ohio Super Lawyers magazine every year since 2004. He is listed in The Best Lawyers in America® for the specialty of construction law and was named "Lawyer of the Year" in construction law in Columbus, Ohio, for 2022. He is also recognized in International Who’s Who in Construction Law for his international construction law experience.

Tom is an arbitrator with the American Arbitration Association, former chairperson of Division 4 - Project Delivery Systems, and former member of the Governing Committee of the American Bar Association, Forum on Construction Law, former chairperson of the Lawyers Group of the Builders Exchange of Central Ohio, former chairperson of the Construction Law Committee of the Columbus (Ohio) Bar Association, and a member of the Construction Law Committee of the Ohio State Bar Association. He has served as an arbitrator and mediator in construction disputes on projects of all sizes, and serves on the complex case panel as an arbitrator for the American Arbitration Association.

Tom has developed a niche practice that focuses on tunnels and other infrastructure work and has been General Counsel for the North American Microtunneling Association for 16 years.

He has also served as construction counsel on projects large and small. In this role, Tom can assist with obtaining financing, determine the project delivery system best suited for a project, and explore all options for project insurance and bonding. He also works with his clients to select construction managers, design professionals, and contractors and draft and negotiate construction-related contracts. Tom also helps establish risk matrixes and means to identify risks early in the project, mitigate risk, draft general conditions and other front-end documents, establish and assist with bidding procedures, act as construction counsel from beginning to completion and afterward of a project. The projects worked on are senior citizen centers, medical facilities, fracking plants, schools, office buildings, manufacturing plants, athletic facilities and others. The dollar values of these projects range from several hundred thousand dollars to hundreds of millions of dollars. The work and contract documents are always tailored to the specific needs and uses of the client.

Tom has successfully litigated construction cases in courts throughout Ohio and the Midwest and has a reputation as an excellent trial lawyer in the courtroom. According to Chambers USA, "Tom really understands the construction industry; he is a prominent litigator and trial lawyer,” and “is a strong lawyer, capable and always impressive; he has a good track record of resolving construction disputes,” and that “clients extol the consistency and thoroughness of his work." He is also a published author in Construction Litigation. Tom served as Content Editor, Contributing Author, and Author Coordinator on The Effective Use of Forensic Experts in Construction Litigation.

Experience

• Represents contractors, subcontractors, and suppliers in claims for additional compensation, delay damages, and other relief on public and private construction projects of all types and sizes
• Represents owners and developers in all aspects of construction projects, from developing the project delivery system and contract documents through project closeout issues, claims, litigation, and arbitration
• Drafts construction contracts for projects large and small, buildings of all sorts, roadways, bridges, and power plants throughout the United States and overseas
• Has argued construction cases in courts throughout the United States, including an argument before Retired Justice Sandra Day O'Connor sitting by assignment in the U.S. Court of Appeals, Fourth Circuit, in 2012
• Has defended many construction defect cases seeking damages in all amounts, including amounts in excess of $40 million
• Represents bidders on construction and purchase contracts regarding challenges to competitive bidding determinations and awards and is named counsel in several of the key cases decided in Ohio on public competitive bidding procedures
• Took a very active role in Ohio's efforts at legislative changes to construction, known as Construction Reform in 2009-2011
• Provides construction counseling to contractors, subcontractors, design professionals, and owners on projects large and small
• Has more than 30 reported cases throughout the State of Ohio
• From 1989 through 1996, was special counsel to the Ohio Environmental Protection Agency's Automobile Emissions Testing Program, which involved many issues including contract negotiation, land use, zoning, eminent domain, construction, land purchase, financing of construction, and the impact of environmental regulation on all of these activities
• Previously represented the Ohio Department of Administrative Services, Division of Public Works as Assistant Attorney General (these agencies are responsible for Ohio's construction of all buildings for use by state agencies, state colleges and universities, and prisons); responsibilities included defense of construction claims, construction litigation and providing advice on construction law