Business Services

Construction Law

The attorneys of Roetzel’s Construction Practice Group counsel construction industry clients across the nation concerning all phases and aspects of construction, including contract preparation, review and negotiation, licensing, procurement, construction lending, public-private partnerships (PPP), bid protests, construction liens, insurance related issues, environmental issues, condominium and homeowners associations, bond claims, delay claims, design professional liability, construction defect litigation and dispute resolution.

We create customized approaches to provide legal guidance through all phases of the construction process.

Our clients include project owners, developers, architects/engineers, construction managers, contractors, suppliers and sureties for public and private projects. Our attorneys take a proactive approach in developing an understanding of our clients’ businesses and their construction activities. As a result, we create customized approaches and provide legal guidance through all phases of the construction process and beyond.

We address our clients’ rights and obligations from the beginning of a project through the end and assist clients in making key decisions, such as creating the type of delivery method for the project, creating the dispute resolution process for the project, and crafting the bid and other contract documents. We implement standard AIA, ConsensusDOCS and EJCDC contracts or develop customized construction contracts that are clear and concise for all parties involved. After the contracts are executed and construction begins, we focus on what matters to the client by identifying, avoiding, and resolving issues and disputes as early as possible. We assist our clients in proactively managing risk in their construction business so that they can focus on completing projects and generating revenue, thus saving them time, money and reducing stress. We provide value by meeting with our clients concerning a project with appropriate frequency. We discuss ongoing issues, help identify potential problems, implement timely solutions, aid with compliance of contract requirements, minimize confrontation between project participants and recommend methods of resolving disputes without litigation or arbitration.

If litigation or arbitration is unavoidable, our construction attorneys are capable of representing clients in every legal forum, including federal and state courts, mediation, arbitration, administrative agencies and appeal boards. For the eighth consecutive year (2012-2019), Roetzel construction litigation attorneys received a National Tier ranking in Construction Law, a premier distinction on the Best Law Firms list, published by U.S. News & World Report in conjunction with Best Lawyers.® If the client chooses to engage in formal litigation, our legal team is prepared and qualified to prosecute or defend the client’s interest completely and efficiently.

Our attorneys are at the forefront of the evolving legal and regulatory framework which governs the construction industry. As a result, we possess in-depth knowledge of the legal issues affecting the industry. Our focused attention to construction law allows us to quickly advise clients of new developments which may affect their businesses. Many of our lawyers are leaders in the construction field who actively participate in construction industry groups, including the American Bar Association, Forum on Construction Law. These relationships provide us with opportunities to substantively contribute to the advancement of legislation concerning issues affecting our clients and the industry at large. For example, when badly needed public private partnership funding was needed for projects and fair competition warranted reigning in local project bidding preferences, Roetzel attorneys engaged in discussions with a state government which facilitated new legislation. When a state government undertook a thorough look at reforming its methods of construction, including the ways it selected contractors, established delivery systems and chose design professionals, Roetzel attorneys were deeply involved with the legislative process to develop modern systems to bring public construction into the 21st century. Involvement such as this enables us to provide our clients with a unique perspective, which can be invaluable to their businesses.

Our Experience

  • Represent contractors, subcontractors and suppliers on claims for additional compensation, delay damages and other relief on public and private construction projects of all types and sizes.
  • Represent large users of construction services on development of their contract documents, project delivery systems and work with the owner’s representatives during construction to minimize and mitigate problems during the project.
  • Draft construction contracts for projects of all sizes and types such as buildings, roadways, bridges, tunnels, power plants and other types of projects throughout the United States.
  • Represent large municipality in connection with underground tunnel projects and defense of claims, as well as assist municipality on legal issues associated with completion of the projects.
  • Represent public library system in connection with its contract documents for multiple construction documents.
  • Have drafted Public-Private Partnership Contract Documents.
  • Have argued construction cases throughout the United States.
  • Have defended many construction defect cases seeking damages in all amounts including amounts in excess of $50 million.
  • Represent and defend bidders as well as owners on bid challenges to award of construction contracts.
  • Provide ongoing construction counseling to owners, contractors, subcontractors, suppliers and design professionals on projects large and small.
  • Serve as mediator and arbitrator on construction disputes.

What We Do

  • Customize AIA documents to fit the needs of a specific project
  • Draft construction contracts, subcontracts, general conditions and other front-end project documents
  • Negotiate and draft labor agreements
  • Provide project management consulting
  • Assist in the selection of the best project delivery systems
  • Develop insurance programs for a project
  • Establish dispute resolution processes tailored to the project
  • Resolve competitive bid disputes/protests
  • Address LEED project certification
  • Assist with construction licensing issues
  • Resolve issues related to construction/mechanics’ liens, fraudulent liens, failure to apportion claims of lien, misappropriation of construction funds, payments by construction lenders and insurance proceeds
  • Address issues related to Notices of Commencement, Notices of Furnishing, Notices to Owner, Claims of Lien, Contractor’s Affidavits, Sworn Statements of Account, Applications for Payment and Releases of Lien
  • Prosecute and defend construction defect claims
  • Prosecute and defend bond claims
  • Prosecute and defend warranty claims
  • Prosecute and defend claims for delay damages

Related Media & Events

  1. Alerts
    Handling COVID-19 Issues on Construction Project Sites in Ohio - Mar 31, 2020
    Practical Tips for Ohio Construction in Response to the Coronavirus Pandemic - Mar 24, 2020
    Coronavirus Business Interruption - Mar 13, 2020
    Roetzel & Andress: 2019 Appellate Year in Review - Jan 27, 2020
    Can Your Business Fly Under the Radar? - Oct 16, 2017
    Hurricane Irma - Sep 27, 2017
    Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority - Sep 27, 2016
    With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages - Aug 4, 2016
    FAA Issues Long-Anticipated Commercial Drone Rules & Eliminates the Section 333 Exemption Process - Jun 22, 2016
    "60 Days" Means 60 Days - Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed - Apr 28, 2016
    Court Reaffirms Damages Analysis in Construction Defect Cases - Feb 22, 2016
    Statute Requiring Lenders to Notify Contractors of Decisions to Cease Funding on Construction Loans Precludes Claims for Equitable Lien and Unjust Enrichment - Jun 26, 2015
    Developers Beware: A Contractor May Be Held to Be Duly Licensed Even If the Contractor's Qualifying Agent Does Not Approve the Permit or Supervise the Work! - Jun 15, 2015
    Don't Muck Up Your Case by Failing to Gather and Present the Right Evidence - Jun 4, 2015
    Statute of Repose in Construction Cases Clear as Mud if Owner Does Not Pay - May 27, 2015
    Amount of Damages for Loss of Use in Construction Cases Does Not Need to be Established with Absolute Certainty - May 18, 2015
    Florida Supreme Court Rules that a Home Builder's Implied Warranties Apply to Subdivision Improvements that Provide "Essential Services" to Homeowners - Jul 17, 2013
    Florida Supreme Court Affirms Clear Onus of Unlicensed Contracting is on the Unlicensed Contractor - Jan 30, 2013
  2. Articles
    What Makes A Good Arbitrator? What Makes A Bad Arbitrator? - November 2018 - Modern Contractor Solutions
    Dispute Resolution Clauses are Out of Control! - August 2018 - Modern Contractor Solutions
    Have our Contracts Become too One-Sided? - May 2018 - Modern Contractor Solutions
    Do I Need An Expert Witness? How Do I Find One - February 2018 - Modern Contractor Solutions
    Payment and Performance Bonds: Are They All They Are Cracked Up To Be? - November 2017 - Modern Contractor Solutions
    Settlement Clauses -- Buyer Beware - August 2017 - Modern Contractor Solutions
    The Spearin Doctrine Is 100 Years Old - May 2017 - Modern Contractor Solutions
    Everyone in the "Hot Tub" - Experts Only - March 2017 - Modern Contractor Solutions
    Becoming Ethical: A Contractor's Dilemma - December 2016 - Modern Contractor Solutions
    Construction Ethics? You Bet! - October 2016 - Modern Contractor Solutions
    What Does it Mean When I See a Copyright on an Architect's Drawings? - July 2016 - Modern Contractor Solutions
    Is Arbitration All It's Cracked Up To Be? - May 2016 - Modern Contractor Solutions
    Asset Protection for Developers/Builders - July 2013 - Properties Magazine
    North American Microtunneling Association Seeks to Improve the Industry - Aug 1, 2012 - TBM: Tunnel Business Magazine
    Design-Build Desk Book - 2010 - ABA Forum on Construction Industry
    Allocating the Risk of Subsurface Conditions on Underground Construction Projects - 2009 (Revised) - Microtunneling Institute/Colorado School of Mines
    Building Information Modeling - Legal Issues that Impact this New Collaborative Design - 2009 (Revised) - Microtunneling Institute/Colorado School of Mines
    Ethical Considerations in Construction - August 2008 - The Newsletter of the ABA Forum on the Construction Industry
    Essential Construction Contract Terms - Aug 20, 2007 - Real Estate Finance Journal
    Contractors Beware - Clarification on Enforcement of "No Damage for Delay" Clauses - NULL - Properties Magazine
    Indemnity in Construction Agreements: Preserving the Site Owner's Rights - 2006 - Tort Law Journal of Ohio
    Is the Spearin Doctrine Dead in Ohio or Just Wounded? - Oct 20, 2005 - The Columbus Daily Reporter
    Should I Copyright My Drawings? Part II - Oct 13, 2005 - The Columbus Daily Reporter
    Should I Copyright My Drawings? Part I - Oct 6, 2005 - The Columbus Daily Reporter
    Position of Wired Glass in the 2004 IBC Supplement - Nov 12, 2004 - Glass Magazine, December 2004
    New Escrow Rules for Builders and Developers - 1996 - Journal of Florida Bar Real Property Section
  3. Firm News
    Roetzel & Andress Recognized in Chambers USA 2024 Guide - Jun 6, 2024
    19 Roetzel Attorneys Named Ohio Super Lawyers/Rising Stars - Dec 29, 2023
    Roetzel Earns National and Regional Rankings in 2024 Best Law Firms® - Nov 2, 2023
    Eight Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 1, 2023
    Roetzel & Andress Earns Recognition in 2024 Best Lawyers - Aug 17, 2023
    Attorneys Islam & Makar Join Roetzel’s Naples Office - Jun 27, 2023
    Roetzel Moves Chicago Office; Provides Enhanced Location and Client Service Offerings - Jun 12, 2023
    Chambers and Partners Recognizes Five Roetzel Attorneys and One Practice Area in 2023 USA Guide - Jun 1, 2023
    Roetzel & Andress Appoints Five Attorneys to Key Leadership Roles - May 9, 2023
    22 Roetzel Attorneys Named 2023 Ohio Super Lawyers and Rising Stars - Dec 29, 2022
    Roetzel & Andress Named to 2023 “Best Law Firms” List - Nov 3, 2022
    Tom Rosenberg Quoted in on Preventing Construction Project Delays - Sep 1, 2022
    Roetzel Attorneys Recognized in 2023 Edition of The Best Lawyers in America® - Aug 18, 2022
    Tom Rosenberg Quoted in on Construction Project Delays and Causes - Aug 1, 2022
    Chambers USA® 2022 Recognizes Roetzel & Andress for 19th Consecutive Year - Jun 2, 2022
    Twenty-Seven Roetzel Attorneys Selected to 2022 Ohio Super Lawyers and Rising Stars List - Dec 30, 2021
    Roetzel & Andress Named to 2022 “Best Law Firms” List - Nov 4, 2021
    16 Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 1, 2021
    Six Roetzel Attorneys Named “Lawyer of the Year” by Best Lawyers® 2022 - Aug 19, 2021
    74 Roetzel Attorneys Named 2022 Best Lawyers in America®; 18 Recognized as Best Lawyers: Ones to Watch - Aug 19, 2021
    Chambers USA® 2021 Recognizes Roetzel & Andress for 18th Consecutive Year - May 20, 2021
    Roetzel’s Tom Rosenberg Elected to the Board of Governors of the American College of Construction Lawyers - Apr 5, 2021
    Two Roetzel Attorneys Named to 2021 Illinois Rising Star List - Jan 29, 2021
    Two Roetzel & Andress Attorneys Named to Ohio Super Lawyers Top Lists - Dec 8, 2020
    Thirty Roetzel Attorneys Selected to 2021 Ohio Super Lawyers and Rising Stars List - Dec 8, 2020
    Roetzel & Andress Ranked Among “Best Law Firms” by U.S. News – Best Lawyers® - Nov 5, 2020
    Seven Roetzel Attorneys Named Among Naples Illustrated 2020 Top Lawyers - Sep 1, 2020
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” - Aug 20, 2020
    Roetzel Recognized in 2020 Edition of Chambers USA® for 17th Consecutive Year - Apr 23, 2020
    23 Roetzel Attorneys Named 2020 Ohio Super Lawyers®; 11 Named Rising Stars® - Nov 27, 2019
    Roetzel & Andress Ranked Among Nation’s 2020 “Best Law Firms” by U.S. News — Best Lawyers® - Nov 1, 2019
    Eleven Roetzel Attorneys Named Among Naples Illustrated 2019 Top Lawyers - Sep 25, 2019
    Roetzel Announces Attorneys Named Among 2019 Florida Super Lawyers and Rising Stars - Jun 6, 2019
    Roetzel Receives Top Rankings in Chambers USA 2019 - May 2, 2019
    Lori Moore Joins Local Board of National Association of Women in Construction - Jan 2, 2019
    Roetzel Attorneys Named Among Top Lawyers in Ohio by Ohio Super Lawyers Magazine - Dec 12, 2018
    Roetzel & Andress Ranked in 2019 Edition of "Best Law Firms" List - Nov 1, 2018
    Thomas Rosenberg Assumes Role as Chair of the American Bar Association Forum on Construction Law - Aug 31, 2018
    Roetzel Shareholders Recognized with Top Rankings in Chambers USA 2018 - May 4, 2018
    Roetzel & Andress Named 2017 Top Contributor Firm by The Fund - Mar 28, 2018
    Roetzel Welcomes E. Mark Young as Partner in Cleveland Office - Feb 26, 2018
    Roetzel Attorneys Named Among Top Lawyers in Ohio by Ohio Super Lawyers Magazine - Dec 6, 2017
    Roetzel & Andress Ranked in 2018 "Best Law Firms" List - Nov 2, 2017
    Roetzel Opens New Columbus Office Custom-Built for Next Generation - Jun 19, 2017
    Thomas Rosenberg, Columbus Partner, Quoted in Construction Dive - Jun 1, 2017
    Thomas Rosenberg Named Chair-Elect of the American Bar Association Forum on Construction Law - Apr 24, 2017
    Roetzel & Andress Ranked in 2017 "Best Law Firms" - Nov 1, 2016
    Thomas Rosenberg Welcomed as New Fellow of the American College of Construction Lawyers for 2017 - Oct 11, 2016
    Roetzel Receives Top Rankings in Chambers USA 2016 - May 27, 2016
    Roetzel & Andress Ranked in 2016 "Best Law Firms" - Nov 2, 2015
    Roetzel Receives Top Rankings in Chambers USA 2015 - May 26, 2015
    Roetzel Receives Top Rankings in Chambers USA 2014 - Jun 6, 2014
    Roetzel Ranked Among Best Law Firms by U.S. News & World Report - Nov 5, 2013
    Roetzel Receives Top Rankings in Chambers USA 2013 - Jun 3, 2013
    Thomas L. Rosenberg Elected to the American Bar Association Construction Forum's Governing Committee - May 10, 2013