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.
Doug Shevelow, P.E.
Doug Shevelow’s health care law practice focuses on dispute resolution and litigation services for hospitals and hospital systems. Doug advises during project development with regard to determining the optimum delivery system, then develops the procurement and contracting documents. He also advises during construction when problems may arise, as well as post-construction if design or construction defects become known. Doug represents hospital systems in developing delivery systems and design and construction contracts for projects ranging from rehabilitation of existing spaces to large new-build medical office buildings, ambulatory care facilities, and hospitals. Doug has also conducted numerous bench and jury trials arising out of construction defects, design defects, and contractor claims for additional payment. Doug has successfully represented construction project owners in claims against architects, design-builders, general contractors and construction managers in claims regarding faulty design and construction.
Doug’s practice also includes 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. He also serves as a mediator in construction matters.
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.
Doug is a registered professional engineer in the State of Ohio, having practiced engineering for over twelve years before becoming an attorney. This background helps him quickly understand the sorts of technical issues that often arise while practicing construction law.
- Speaker, “Sole Source Procurement in Treatment Plant Construction,” CCAO/CEAO Annual Winter Conference, December 5, 2016
- Speaker, “Road Use Maintenance Agreements,” Ohio Township Association Township Law Directors’ Group Meeting, December 2, 2016
- 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
- Listed, Ohio Super Lawyers (Construction Litigation: Business; Environmental), 2017
- Recognized, ChambersUSA, Construction with a Band 4 ranking, 2015–2016
- 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)
No fraud exception to confidentiality in mediation
3 ingredients for a successful mediation
Distinguishing between enforceable and unenforceable arbitration language in Ohio home construction contracts
Managing expectations in mediation
Bricker attorneys named 2017 Ohio Super Lawyers
Bricker & Eckler attorneys earn Best Lawyers 2017 recognition
Best Lawyers recognizes Bricker & Eckler attorneys
Best Lawyers recognizes Bricker & Eckler attorneys
Represented a heavy/highway contractor against a highway authority in connection with delay claims on the construction of a service plaza.
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 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 county engineer in a lawsuit against a bridge contractor when a dispute arose over the scope of work.
Represented a contractor in an Ohio Court of Claims lawsuit against the Ohio Department of Transportation after payment was withheld when pavement rutted prematurely.
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 city against an international manufacturer of large-scale wastewater treatment equipment when a tertiary filter did not meet performance expectations.
Represented a city against a contractor’s claims of differing site conditions and defective plans on an upland reservoir that covered 100 acres.
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 self-insured general contractor in a workers' compensation subrogation against a subcontractor responsible for an accident that caused death of an employee on a bridge construction project.
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.
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.
Represented a developer when a subcontractor was unable to complete a sanitary sewer due to soft ground conditions.
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 developer in trial against a municipality regarding adequacy of design and construction of a regional wastewater lift station.
Represented a general contractor in trial against a concrete paving subcontractor where the pavement deteriorated prematurely.
Successfully assisted Oregon Clean Energy LLC in the acquisition of a certificate from the Ohio Power Siting Board in May 2013 to begin construction on the 799-megawatt Oregon Clean Energy Center, a natural gas-fired combined-cycle generating facility located in Oregon, Ohio. Our firm continues to provide significant tax, real estate and construction counsel on the project. Additionally, we are representing the project before the OPSB to amend its certificate to reflect changes in facility design.
Assisted with drafting and negotiating design-build contract for a private hospital. Project value exceeded $320 million.
Represented a county against a contractor when a rural sanitary sewer project was months late.
Represented a school district when a sudden subsidence episode severely damaged its nearly complete middle school.
Prepared numerous water/wastewater bid package and contract documents.
Represented an airport authority against a contractor’s claims of defective plans and differing site conditions.
Represented a homeowner when new garage build over mismarked a high pressure gas transmission line.
Represented a general contractor against payment claims from remote subcontractors and suppliers when a 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 a general contractor when an 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.
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 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.
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.