Obtained a temporary restraining order and preliminary injunction on an expedited timeline authorizing a natural gas pipeline company to access property subject to acquisition by eminent domain to conduct tree clearing activities in advance of moratoriums imposed on such activities in order to protect migratory birds and endangered bat species; contempt orders against property owners refusing to honor the order permitting access for tree clearing activities; and immediate injunctive relief against landowners refusing to permit access to their property via eminent domain for construction of a 75-mile natural gas pipeline in eastern Ohio. Also, negotiated settlements with landowners who permitted access and complex, technical settlements with public utilities to resolve overlapping easement situations.
Doug Shevelow, P.E.
Doug Shevelow is a partner in Bricker & Eckler's Construction Law group and the Energy, Public Utilities & Environmental group. His practice focuses on litigation and transactional law pertaining to heavy/highway and other construction issues for owners and contractors. Issues include differing site conditions, implied warranty of plans and specifications, underground utility protection, and bid disputes. He has prepared and negotiated numerous design-bid-build and design-build construction contracts for contractors and public and private owners, including a $320 million hospital project, a $28 million wastewater treatment plant rehabilitation, and a $400,000 skate park.
Doug also has significant experience representing clients against citations issued by OSHA and asserting defenses such as employee misconduct, inapplicability of the cited standard, greater hazard, and non-exposure to the hazard.
- Speaker, seminars sponsored by Bricker & Eckler and other organizations, including Ohio Contractors Association, Ohio Sanitary Engineers Association, County Commissioners’ Association of Ohio, Ohio Society of Professional Engineers, Engineers Foundation of Ohio, Construction Standards Institute, United States Department of Agriculture Rural Development, Professional Land Surveyors of Ohio, and Central Ohio Organization of Public Purchasers.
- Listed, Best Lawyers in America (Construction Law), 2014-2017
- Recognized, ChambersUSA, Construction with a Band 4 ranking, 2015-2016
- Named, Rising Star, Ohio Super Lawyers, 2012-2014
- Listed, Legal 500
- Recognized, The Ohio Society of Professional Engineers for achieving the highest grade in the state on the 1994 Environmental Engineering Examination for Professional Engineers
- Capital University (J.D., summa cum laude, 2004); Order of the Curia
- The Ohio State University (B.S., Civil Engineering, 1990)
When: Thursday, November 17, 2016 at 7:15 AM to 4:45 PM
Where: OCLC - Online Computer Library Center Conference Center
Distinguishing between enforceable and unenforceable arbitration language in Ohio home construction contracts
Managing expectations in mediation
Federal trial court addresses the use of the engineer’s standard of care as a contract term
Ohio Supreme Court clarifies pay-if-paid
Bricker & Eckler attorneys earn Best Lawyers 2017 recognition
Best Lawyers recognizes Bricker & Eckler attorneys
Best Lawyers recognizes Bricker & Eckler attorneys
Best Lawyers Bestows Honors on Bricker & Eckler Attorneys
Represented developer in trial against municipality regarding adequacy of design and construction of regional wastewater lift station.
Represented general contractor in trial against concrete paving subcontractor where pavement deteriorated prematurely.
Represented Oregon Clean Energy, LLC before the Ohio Power Siting Board for approval to build a 799 mega-watt natural gas-fired combined-cycle generating facility in Oregon, Ohio. We also provided extensive counsel on real estate, environmental and tax issues related to the facility and acted as Ohio counsel responsible for due diligence required for its $850 million financing.
Assisted with drafting and negotiating design-build contract for a private hospital. Project value exceeded $320 million.
Represented county against contractor when rural sanitary sewer project was months late.
Represented school district when sudden subsidence episode severely damaged nearly complete middle school.
Prepared water/wastewater bid package and contract documents.
Represented airport authority against contractor’s claims of defective plans and differing site conditions.
Represented homeowner when new garage build over mismarked high pressure gas transmission line.
Represented general contractor against payment claims from remote subcontractors and suppliers when first tier subcontractor became insolvent.
Represented general contractor against claims made by township when full depth reclamation and cement stabilization did not meet expectations.
Represented self-insured general contractor in workers compensation subrogation against subcontractor responsible for accident that caused death of an employee.
Represented developer when subcontractor was unable to complete sanitary sewer due to soft ground conditions.
Represented general contractor when adjacent landowner sued regarding damage to property.
Prepared criteria architect and design-build contracts for the design and construction of new township fire department facilities.
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 outreach and inclusion guidelines and incorporated them into the procurement process for a large public library system.
Provided outside legal consulting services and prepared wastewater bid packages and contract documents for Ohio's three largest wastewater treatment providers.
Represented a city against an international manufacturer of large-scale wastewater treatment equipment when a tertiary filter did not meet performance expectations.
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.
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.
Represented a county against a defunct sewer contractor and its surety, leading to a $3.5 million settlement because of defective and incomplete work.
Represented a city against a contractor’s claims of differing site conditions and defective plans on an upland reservoir that covered 100 acres.
Represented an international construction manager in trial against a contractor’s claims of negligence, fraud and interference on a project for expanding the headquarters of an international manufacturer.
Represented a paving contractor in a trial against a city that refused to pay for a price increase caused by an upwards adjustment to the Asphalt Binder Index.
Represented a heavy/highway contractor against a highway authority in connection with delay claims on the construction of a service plaza.
Defended a sitework contractor in a third-party complaint brought by an engineer after a stormwater collection, conveyance and storage system failed, damaging a parking lot.
Represented a public owner in a lawsuit against contractors, sureties and engineers after a roadway pavement subsided above a sanitary sewer installed over ten years prior.
Represented a contractor in an Ohio Court of Claims lawsuit against the Ohio Department of Transportation after payment was withheld when pavement rutted prematurely.
Represented a public owner in a lawsuit against a contractor when a $14 million surface water treatment plant was delivered over a year late and the contractor made claims for additional payment.
Represented a library in connection with faulty restoration design and construction that jeopardized an historic building.
Represented a contractor in a lawsuit against a public owner when payment was withheld after a component of the landfill project failed.
Represented a county engineer in a lawsuit against a bridge contractor when a dispute arose over the scope of work.
Represented a landfill contractor in a lawsuit where the subcontractor made claims for delay damages.
Represented an engineer in a matter where the general contractor failed to make payment for surveying and construction inspection services.
Served as an arbitrator on several complex construction disputes.
Represented a school district against an architect, general contractor and supplier in connection with the failure of a vented nail base roof system.
Represented several contractors in bid disputes against public agencies, resulting in the issuance of several temporary restraining orders.
Defended a village against a neighboring village's lawsuit regarding conflicting service area claims.