Prepared design services and construction manager in an agency role services agreements for a public hospital's new 58,000 GSF ambulatory care center; prepared construction contract documents for bidding the work (estimated construction cost of $18.3 million).
Practical solutions born of experience.
Bricker & Eckler’s Construction Law group provides a full range of legal services to public and private owners. Our attorneys act as counsel on all aspects of construction projects, including compliance with applicable statutes and administrative rules, preparing front-end construction and bidding documents, advising on various project delivery models, addressing procurement disputes, reviewing prevailing wage issues, and resolving or litigating claims during and after construction. Our attorneys have experience preparing and negotiating general contractor, construction manager at-risk and design-build agreements on projects of all sizes, including projects with budgets of over $300 million.
A distinguishing feature of our practice is the substantial field experience many of our attorneys have in the construction industry. Our group includes attorneys who are registered professional engineers and attorneys with engineering and construction management backgrounds. This unique and practical experience in the construction industry allows us to quickly identify issues and develop pragmatic, real-world solutions that result in focused and efficient legal services for our clients.
Clients who come to Bricker & Eckler for our experience in construction law also experience the benefit of the firm’s full-service capabilities. Whenever needed, we can involve attorneys seasoned in real estate transactions, environmental issues, bond issues and other financing approaches, intellectual property issues, tax matters, lease-purchase agreements, education matters and other areas of the law.
We have been involved in the construction of the following:
- Hospitals and health care facilities
- K-12 schools
- Higher education buildings
- Recreation centers
- Fire and safety facilities
- Water and wastewater projects
- Administrative buildings
- Fire stations
- Private developments
- Various improvements through public-private partnerships
Our construction attorneys regularly advise and represent clients in these specific areas:
- Bid and other procurement disputes
- Contract preparation and negotiation
- Defective design or construction issues
- Delay claims and schedule issues
- Dispute resolution, including information discussions, mediation, arbitration and litigation
- Energy conservation measures
- Heavy/highway construction
- Mechanics’ liens
- Project delivery models and their advantages and disadvantages
- Surety claims and insurance coverage issues
Related Industries & Practices
Bricker & Eckler’s Construction group devotes a significant portion of its time to school district construction projects of all types and sizes. We work with district administrators to identify and define the statutory requirements applicable to each project, including an analysis of the benefits and risks of the various project delivery models available to school districts and the process for selecting project professionals. Services continue throughout the project to provide guidance with regard to any issues that may arise during design, procurement, construction, close-out, claims and post-occupancy. We work on classroom facilities projects undertaken through the Ohio School Facilities Commission programs.
Having represented numerous public and private health care institutions, our attorneys have an in-depth understanding of the unique aspects of health care construction. Bricker has worked with its owner clients on multiple prime contractor, general contractor, construction manager at-risk and design-build projects of all types and sizes, and our attorneys understand the benefits and risks associated with each project delivery model. Additionally, Bricker attorneys were actively involved with the development of Ohio's construction reform law, which provides opportunities for public health care clients to use alternative construction delivery models.
Because several of our construction attorneys began their careers in the fields of water and wastewater and have advised public owners on issues associated with water and wastewater treatment and conveyance, we have a unique understanding of this high-tech business. From project delivery model selection to creating contract documents, enabling training and representing clients in construction litigation, we help water and wastewater entities adopt best practices for managing their projects.
Bricker attorneys represent all types of public owners, including municipalities, counties, townships, port authorities, schools, libraries, water and sewer districts and more. We have in-depth knowledge of the statutory requirements specific to libraries, jails, recreation centers, courthouses, and other public entities for capital projects of all sizes and complexity. This includes providing guidance on the requirements and advantages of the full range of project delivery methods available to public owners.
Helping clients provide a safer workplace for their employees, Bricker’s attorneys assist in matters involving the Occupational Safety and Health Administration (OSHA), including preparing for OSHA inspections, responding to OSHA citations, and representing clients before the Occupational Safety & Health Review Commission. We counsel clients from all sectors on OSHA matters, including contractors, manufacturers, hospitals, and schools, regardless of whether the matter deals with federal OSHA, state OSHA, or a state version of OSHA for public employees.
Our firm has extensively represented private developers in connection with urban redevelopment projects, shopping centers, multi-family housing complexes, warehouses and distribution centers, condominium developments and numerous other building projects. Our detailed knowledge of the construction process, combined with our ability to collaborate with real estate, tax, and economic development attorneys within our firm, allows us to handle a wide range of development projects from all sides of the operation, start to finish.
Bricker attorneys have represented a number of public and private higher education institutions on all aspects of their construction projects from the preparation of contract documents through litigation, if necessary. Bricker's experience includes multiple prime contractor, general contractor, construction manager at-risk and design-build delivery models, all of which can be used by public as well as private higher education institutions.
Bricker attorneys have represented numerous contractors and owners on projects involving large scale “civil” or “horizontal” projects, commonly categorized as heavy/highway construction. Services provided have included preparation of contract documents, prosecuting or defending against claims for additional time or money in connection with weather impacts, defective plans and specifications, differing site conditions, utility interferences, defective materials and construction, and other issues.
Prepared master services agreement for private hospital system to include master planning services for a greenfield site with an outpatient facility, including full service emergency department, imaging diagnostics, breast center, cancer center, and medical office space, with a documented system for adding services for future improvements to the facility and site.
Negotiated and prepared a construction contract with a GMP for a new health and technology campus for a private hospital (estimated construction cost of $122,400,000).
Prepared an agreement with construction manager as constructor for a $56 million bed expansion project for a private hospital.
Prepared an agreement with a construction manager as constructor for a private hospital's enabling project to prepare the existing site for a patient tower building (estimated construction cost of $10 million for the enabling project).
Prepared documents required for the statutory qualifications-based selection process for design professionals for a public school construction project; prepared resolutions to document the process and selection of the most qualified firm and the agreement with the firm selected.
Prepared documents required for the statutory qualifications-based selection process for construction management services in an agency role for a public school construction project; prepared resolutions to document the process and selection of the most qualified firm and the agreement with the firm selected.
Prepared documents for the selection of a construction manager at risk following the requirements of the Ohio Revised Code and Ohio Administrative Code for a public school construction project; prepared resolutions to document the process and selection of the firm determined to provide the best value and the agreement with the firm selected; prepared the GMP amendment to the agreement before construction began.
Prepared documents for the selection of a criteria architect/criteria engineer and for the design builder, as required by the Ohio Revised Code and Ohio Administrative Code for a public school construction project; prepared resolutions to document the process and selection of the design build firm determined to provide the best value and the agreement with the design build firm selected, which included a GMP for the work; prepared the notice of commencement and other required documents.
Assisted with the selection of a design professional following the statutory process, preparation of the agreement for design services, preparation of construction contract documents, assistance with the statutory bidding process applicable to the work, and preparation of the construction contract and related documents with the lowest responsible bidder.
Provided guidance with the selection of the energy services company for a H.B. 264 energy conservation project, prepared the required resolutions to document the selection and other obligations for the project; prepared the agreement with the company selected to implement the approved energy conservation measures.
Provided guidance with the disposal of personal and real property no longer needed for school purposes.
Worked with public school district on the design and construction of new school facilities through a co-funded Ohio School Facilities Commission program; prepared professional agreements and resolutions required to documents approvals during the project; provided guidance on statutory bidding and procurement requirements; worked with the school district to address lien claims on the project.
Worked with district administrators to determine the application of the statutory bidding requirements for different improvements; prepared bidding and proposal package documents to solicit prices for the work; prepared contracts and related documents required with the contractor for the work; provided advise on quality of work, schedule, and other project issues during construction and after completion.
Worked with district administrators to explore options to procure work and items through available cooperative purchasing programs; prepared resolutions to document approval of the process and selection of a vendor for the items being purchased; prepared contract with the vendor for the work and related documents required for public school construction.
Worked with district administrators to determine scope and conditions for improvements to be funded and constructed by booster group and then donated to the school district; prepared resolutions to document the approvals and conditions for the donated work; prepared conditions for the project; prepared notice of commencement for the work
Assisted a private health care system in negotiating and preparing design professional and construction manager at risk agreements for the renovation of a recently-acquired medical campus. The project value exceeded $61 million.
Assisted a private health care system in negotiating and preparing design professional and construction manager at risk agreements for several ambulatory care projects. The project values ranged from $18 million to an anticipated $26 million.
Assisted a public health care system with its procurement processes and agreements for design professionals, owner's representative and construction manager at risk for a $400 million multiple-project transformation.
Assisted in the completion of the first design-build infrastructure project performed by our client under the relatively new construction reform law in Ohio. The legal work required numerous meetings with dozens of client representatives who had disparate views and agendas, coordinating the city charter and ordinances with the applicable Ohio statutes, crafting custom documents in concert with the client, participating in the two-step RFQ/RFP process for selecting the design-builder, and guiding the client in resisting attempts by the design-builder to modify its obligations under the contract. The project was competed ahead of schedule and cost approximately $3.6 million less than the original cost estimate for the project using traditional procurement.
Prepared request for qualifications, request for proposals and contract documents for municipal administration building design-build projects.
Represented school district in administration of statutory process relating to mechanic’s liens and addressed mechanics’ lien claims and related law suits for K-12 school projects.
Create template architect agreements, engineer agreements, bidding documents and owner-contractor agreements for public entities including cities and counties.
Prepared template architect/engineer, construction manager, contractor and other consultant agreements for both public and private hospitals to be used for different project delivery methods and with projects of varying sizes and scope.
Prepared criteria architect and design-build contracts for the design and construction of new township fire department facilities.
Prepared architect, contractor and design-builder agreements for private developer
Prepared construction contract for new dentist's office project.
Prepared water/wastewater bid package and contract documents.
Provided outside legal consulting services and prepared wastewater bid packages and contract documents for Ohio's three largest wastewater treatment providers.
Prepared outreach and inclusion guidelines and incorporated them into the procurement process for a large public library system.
Created a manual comparing and contrasting available construction delivery models and providing guidance on statutory bidding and procurement requirements for counties.
Prepared request for qualifications, request for proposals and contract documents for a K-12 school district's design-build project.
Represented a school district client to address defective work.
Prepared design-build contract for private company's new office and manufacturing facility.
Organized a port authority's bid package and construction contract for a sanitary sewer extension project.
Counselled public hospital client through the negotiation of an architect agreement.
Advised a county regarding project delivery methods and prepared a request for qualifications, request for proposals and contract documents for the courthouse's design-build renovation project.
Prepared resolutions and related documents for projects deemed to be of urgent necessity, including fire alarm and HVAC renovation projects for a K-12 school district.
Prepared school board resolutions and contracts related to bleacher and track renovation projects.
Advised a public hospital regarding the evaluation of bids.
Facilitated and prepared a school district's contract for roof replacement, procured through a joint purchasing program.
Represented a K-12 school district regarding school bus warranty issues.
Served as owner's lead trial counsel on a 10-week federal jury trial resulting from multiple prime contractor jail construction project and a verdict in favor of the owners in excess of $14 million.
Facilitated economic incentives and new construction financings for manufacturers through several of Ohio’s port authorities, including exemptions from sales taxes for portions of the construction.
Assisted with drafting and negotiating design-build contract for a private hospital. Project value exceeded $320 million.
Contracting with architects and engineers – what’s required today? An update since construction reform
Federal trial court addresses the use of the engineer’s standard of care as a contract term
Insurance coverage on construction projects