Business Services

Construction Law

Roetzel’s construction attorneys provide comprehensive legal support to construction industry clients across the nation. Our attorneys assist with contract preparation, review, negotiation, licensing, procurement, and construction lending. We also assist with public-private partnerships (PPP), bid protests, construction liens, insurance issues, environmental concerns, and dispute resolution. Our clients include project owners, developers, architects, engineers, construction managers, contractors, suppliers, and sureties for both public and private projects. In addition, our attorneys also represent some of the nation's top home builders across the country. Our multidisciplinary team manages every aspect of residential development, from property acquisition to final sale, offering the expertise needed for projects of any size.

We take a proactive approach to understanding our clients’ businesses and construction activities, offering tailored legal guidance throughout every phase of the construction process. Our services help clients make crucial decisions, such as selecting project delivery methods, crafting dispute resolution processes, and developing clear and concise contracts. We focus on identifying and resolving issues early, helping clients manage risks and complete projects efficiently, saving time and money.

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.
  • Successfully defended a mid-size engineering firm in the against claims alleging structural defects on a multi-million dollar residence causing cracks in walls, wood trim, flooring and the ceiling of the home
  • Successfully defended a Midwest-based roofing materials manufacturer against claims brought by a condominium association alleging defective materials, among other things, in connection with water intrusion problems in southeast Florida  
  • Successfully represented a consulting engineering firm in connection with its role overseeing, engineering and performing repairs to a series of railroad bridges
  • Successfully defended a mid-size architectural firm in connection with the design and engineering of a local elementary/high school building
  • Successfully represented a public library system seeking recovery of costs incurred to repair a faulty exterior installed on a new suburban branch building of the library system

What We Do

  • Offer legal counsel for contract preparation, review, and negotiation, including Standard or customized development of AIA, ConsensusDOCS and EJCDC contracts
  • Assist with licensing, procurement, and construction lending
  • Navigate LEED project certification
  • Support public-private partnerships (PPP) and bid protests
  • Handle construction liens, insurance, and environmental issues
  • Advise on condominium and homeowners associations
  • Advise on tax, licensing, and regulator issues
  • Mange on new home retail sales to buyers
  • Address permitting and zoning issues
  • Handle environmental assessments
  • Assist with land acquisition and finance
  • Perform complicated title work
  • Manage bond claims, delay claims, and design professional liability
  • Resolve construction defect litigation and disputes
  • Provide representation in litigation, arbitration, and mediation
  • Engage in legislative processes to advance industry regulations

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
    Catching Killer Clauses in Contract Negotiations - Jan 25, 2024 - CE This Week, Construction Executive
    A Cybersecurity Primer for Contractors: Threats, Liability and Insurance - Oct 30, 2022 - CE This Week, Construction Executive
    The Costs and Benefits of Perfecting and Pursuing Lien Rights - Aug 8, 2022 - CE This Week, Construction Executive
    Improve the Bottom Line Using Subrogation Waivers - Jul 10, 2022 - CE This Week, Construction Executive
    A Construction Executive’s Personal Liability for Employment Decisions - Aug 9, 2021 - CE This Week, Construction Executive
    Compliance With Anti-Trafficking Terminology in Construction Contracts - May 10, 2021 - CE This Week, Construction Executive
    Pressing Pause and Pressing Stop: The Strategic Use of Contractual Suspension and Termination Rights - Jan 30, 2021 - CE This Week, Construction Executive
    Arbitration or Litigation? - Oct 28, 2020 - CE This Week, Construction Executive
    The Growth of BIM and Its Impact on Contractor Risk - Sep 5, 2020 - CE This Week, Construction Executive
    Crossing the Line: Contractor Liability and Mechanic’s Liens - Jul 29, 2020 - CE This Week, Construction Executive
    The Critical Need to Comply With Contractual Notice Provisions in Light of COVID-19’s Cost and Schedule Impacts - May 13, 2020 - CE This Week, Construction Executive
    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 Earns National and Regional Recognition in the 2025 Edition of Best Law Firms® - Nov 7, 2024
    100 Roetzel Attorneys Named 2025 Best Lawyers®, “Ones to Watch” - Aug 15, 2024
    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 Dumpsters.com 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 Dumpsters.com 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
    Thirty Roetzel Attorneys Selected to 2021 Ohio Super Lawyers and Rising Stars List - Dec 8, 2020
    Two Roetzel & Andress Attorneys Named to Ohio Super Lawyers Top Lists - 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
    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 & 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 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
    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 Receives Top Rankings in Chambers USA 2015 - May 26, 2015
    Roetzel Receives Top Rankings in Chambers USA 2014 - Jun 6, 2014
    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