Thomas L. Rosenberg

Shareholder
Columbus
41 South High Street
Huntington Center, 21st Floor
Columbus, OH 43215
P 614.723.2006
F 614.463.9792
P 614.723.2006 | F 614.463.9792

Overview

Mr. Rosenberg 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/or regionally for construction and construction litigation from 2012 to 2017.

Mr. Rosenberg is a Fellow in the American College of Construction Lawyers and is the 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. In a recent edition of Chambers USA, it was stated that Mr. Rosenberg 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 for the past 12 years. He is listed in “The Best Lawyers in America for the specialty of construction law and has been recognized in International Who’s Who in Construction Law for his international construction law experience.

Mr. Rosenberg is an arbitrator with the American Arbitration Association, former chairperson of Division 4 - Project Delivery Systems, and current 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.

He has also served as construction counsel on projects large and small. In this role, he can assist with the need to obtain financing, determine the project delivery system best suited for a project, explore all options for project insurance and bonding, selection of construction managers, design professionals and contractors, draft and negotiate all construction related contracts, establish risk matrixes and means to identify risks early in the project as well as to mitigate risk, draft general conditions and other front-end documents, establish and assist with bidding procedures and act as construction counsel from beginning to final completion, and afterwards of a project. Among 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 thousands of dollars to hundreds of millions of dollars. The work and contract documents are always tailored to the specific needs and uses of the client.

Mr. Rosenberg has successfully litigated construction cases in courts throughout Ohio and the Midwest, and has a reputation as an excellent trial lawyer in the courtroom. In Chambers USA, it is stated that Mr. Rosenberg “really understands the construction industry; he is a prominent litigator and trial lawyer”, that he “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."

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, tunnels 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
Services

Industries

Education

  1. Capital University Law School, J.D.
  2. Ohio Wesleyan University, B.A.

Credentials

Bar Admissions
  1. Ohio
Court Admissions
  1. U.S. Court of Appeals, Fifth Circuit
  2. U.S. Court of Appeals, Fourth Circuit
  3. U.S. Court of Appeals, Sixth Circuit
  4. U.S. District Court, Northern District of Ohio
  5. U.S. District Court, Southern District of Ohio

Recognitions

  • Chair, American Bar Association, Forum on Construction Law (2018)
  • Fellow, American College of Construction Lawyers (elected 2016)
  • Recognized in International Who's Who in Construction Law (2012-2013, 2017-2018)
  • Named to The Best Lawyers in America for Construction Law (2010-2019); and Litigation - Construction (2012-2019)
  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Named among Chambers USA's "Leaders in their Field" for Construction Law, Ohio (2003-2018)
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2004-2019)
  • Selected as one of the "Top 50 Columbus Lawyers" by Ohio Super Lawyers magazine (2018, 2019)
  • State of Ohio, Assistant Attorney General (1983-1988); appointed as special counsel to the Attorney General (1989-1995)

Affiliations

Professional Affiliations
  • American College of Construction Lawyers - Fellow
  • American Arbitration Association, Arbitrator
  • American Bar Association, Forum on Construction Law; Division 4 – Project Delivery Systems, Chairperson (2009-2011); Faculty Member, Construction Forum Trial Academy (2012-2013); Program Co-Chairperson, Annual Meeting (2012); Governing Committee (2013-2016); Chair-Elect (2017-2018); Chair (2018)
  • Builders Exchange of Central Ohio, Lawyers Group, Former Chair
  • Columbus Bar Association, Construction Law Committee, Former Chair
  • Ohio State Bar Association, Government Contracts and Construction Law Committees
Community Affiliations
  • Serves as pro bono General Counsel to the Ohio Domestic Violence Network (1994-present)

Insights

  1. Alert
    Court Reaffirms Damages Analysis in Construction Defect Cases (Feb 22, 2016)
  2. Articles
    What Makes A Good Arbitrator? What Makes A Bad Arbitrator? - Modern Contractor Solutions (November 2018)
    Dispute Resolution Clauses are Out of Control! - Modern Contractor Solutions (Aug 1, 2018)
    Have our Contracts Become too One-Sided? - Modern Contractor Solutions (May 1, 2018)
    Do I Need An Expert Witness? How Do I Find One (Feb 15, 2018)
    Payment and Performance Bonds: Are They All They Are Cracked Up To Be? (Nov 15, 2017)
  3. Presentations
    "Insurance Trends and Issues" - Risk Management in Underground Construction (2016)
    "Risk Management on Design Build Contracts" - Elford Construction Company (2016)
    "Best Practices in Construction Arbitration" - Indiana State Bar Association (2016)
    "C3: Construction, Contracts and Courts" - Associated Builders and Contractors (2016)
    "Current Issues in Construction Law" - Microtunneling Institute/University of Colorado (2016)
  4. Firm News
    Roetzel Attorneys Named Among Top Lawyers in Ohio by Ohio Super Lawyers Magazine (Dec 12, 2018)
    32 Roetzel Attorneys Honored as 2019 Ohio Super Lawyers and Rising Stars (Dec 11, 2018)
    Thomas Rosenberg Assumes Role as Chair of the American Bar Association Forum on Construction Law (Aug 31, 2018)
    Over 50 Roetzel & Andress LPA Attorneys Named to 2019 The Best Lawyers in America© List (Aug 17, 2018)
    Roetzel Shareholders Recognized with Top Rankings in Chambers USA 2018 (May 4, 2018)

Overview

Mr. Rosenberg 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/or regionally for construction and construction litigation from 2012 to 2017.

Mr. Rosenberg is a Fellow in the American College of Construction Lawyers and is the 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. In a recent edition of Chambers USA, it was stated that Mr. Rosenberg 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 for the past 12 years. He is listed in “The Best Lawyers in America for the specialty of construction law and has been recognized in International Who’s Who in Construction Law for his international construction law experience.

Mr. Rosenberg is an arbitrator with the American Arbitration Association, former chairperson of Division 4 - Project Delivery Systems, and current 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.

He has also served as construction counsel on projects large and small. In this role, he can assist with the need to obtain financing, determine the project delivery system best suited for a project, explore all options for project insurance and bonding, selection of construction managers, design professionals and contractors, draft and negotiate all construction related contracts, establish risk matrixes and means to identify risks early in the project as well as to mitigate risk, draft general conditions and other front-end documents, establish and assist with bidding procedures and act as construction counsel from beginning to final completion, and afterwards of a project. Among 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 thousands of dollars to hundreds of millions of dollars. The work and contract documents are always tailored to the specific needs and uses of the client.

Mr. Rosenberg has successfully litigated construction cases in courts throughout Ohio and the Midwest, and has a reputation as an excellent trial lawyer in the courtroom. In Chambers USA, it is stated that Mr. Rosenberg “really understands the construction industry; he is a prominent litigator and trial lawyer”, that he “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."

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, tunnels 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

Education

  1. Capital University Law School, J.D.
  2. Ohio Wesleyan University, B.A.

Credentials

Bar Admissions
  1. Ohio
Court Admissions
  1. U.S. Court of Appeals, Fifth Circuit
  2. U.S. Court of Appeals, Fourth Circuit
  3. U.S. Court of Appeals, Sixth Circuit
  4. U.S. District Court, Northern District of Ohio
  5. U.S. District Court, Southern District of Ohio

Recognitions

  • Chair, American Bar Association, Forum on Construction Law (2018)
  • Fellow, American College of Construction Lawyers (elected 2016)
  • Recognized in International Who's Who in Construction Law (2012-2013, 2017-2018)
  • Named to The Best Lawyers in America for Construction Law (2010-2019); and Litigation - Construction (2012-2019)
  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Named among Chambers USA's "Leaders in their Field" for Construction Law, Ohio (2003-2018)
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2004-2019)
  • Selected as one of the "Top 50 Columbus Lawyers" by Ohio Super Lawyers magazine (2018, 2019)
  • State of Ohio, Assistant Attorney General (1983-1988); appointed as special counsel to the Attorney General (1989-1995)

Affiliations

Professional Affiliations
  • American College of Construction Lawyers - Fellow
  • American Arbitration Association, Arbitrator
  • American Bar Association, Forum on Construction Law; Division 4 – Project Delivery Systems, Chairperson (2009-2011); Faculty Member, Construction Forum Trial Academy (2012-2013); Program Co-Chairperson, Annual Meeting (2012); Governing Committee (2013-2016); Chair-Elect (2017-2018); Chair (2018)
  • Builders Exchange of Central Ohio, Lawyers Group, Former Chair
  • Columbus Bar Association, Construction Law Committee, Former Chair
  • Ohio State Bar Association, Government Contracts and Construction Law Committees
Community Affiliations
  • Serves as pro bono General Counsel to the Ohio Domestic Violence Network (1994-present)

Insights

  1. Alert
    Court Reaffirms Damages Analysis in Construction Defect Cases (Feb 22, 2016)
  2. Articles
    What Makes A Good Arbitrator? What Makes A Bad Arbitrator? - Modern Contractor Solutions (November 2018)
    Dispute Resolution Clauses are Out of Control! - Modern Contractor Solutions (Aug 1, 2018)
    Have our Contracts Become too One-Sided? - Modern Contractor Solutions (May 1, 2018)
    Do I Need An Expert Witness? How Do I Find One (Feb 15, 2018)
    Payment and Performance Bonds: Are They All They Are Cracked Up To Be? (Nov 15, 2017)
  3. Presentations
    "Insurance Trends and Issues" - Risk Management in Underground Construction (2016)
    "Risk Management on Design Build Contracts" - Elford Construction Company (2016)
    "Best Practices in Construction Arbitration" - Indiana State Bar Association (2016)
    "C3: Construction, Contracts and Courts" - Associated Builders and Contractors (2016)
    "Current Issues in Construction Law" - Microtunneling Institute/University of Colorado (2016)
  4. Firm News
    Roetzel Attorneys Named Among Top Lawyers in Ohio by Ohio Super Lawyers Magazine (Dec 12, 2018)
    32 Roetzel Attorneys Honored as 2019 Ohio Super Lawyers and Rising Stars (Dec 11, 2018)
    Thomas Rosenberg Assumes Role as Chair of the American Bar Association Forum on Construction Law (Aug 31, 2018)
    Over 50 Roetzel & Andress LPA Attorneys Named to 2019 The Best Lawyers in America© List (Aug 17, 2018)
    Roetzel Shareholders Recognized with Top Rankings in Chambers USA 2018 (May 4, 2018)