Assisted with drafting and negotiating design-build contract for a private hospital. Project value exceeded $320 million.
Jack Rosati, Jr.
Jack Rosati is a partner and chair of Bricker & Eckler's Construction Law group. His practice emphasizes counseling and litigation related to public works, including bid disputes, construction defects and insurance coverage issues as well as project delivery systems, construction contracts and specifications. He represents a wide variety of public and private owners in Ohio on claims against construction design professionals, contractors and sureties. He has served as construction counsel on design-build projects ranging in value from $40 million to $320 million. He has also served as construction counsel on various "construction manager at risk projects."
Examples of other matters include, serving as construction counsel on municipal courthouse projects; representing public and private hospitals as their construction counsel; litigating claims for public libraries against contractors and bonding companies for defective work and project delays; negotiating and litigating construction claims for school districts; pursuing claims for public owners on their water and wastewater treatment plant projects; and representing county commissioners in construction claims against contractors and architects for construction delays, defective work and design defects on county jail projects. He has also conducted internal audits of construction practices for various public and private clients and advised on process improvement and cost saving best practices.
Jack has numerous reported cases. For example, he represented a consortium of public owners as amici before the Supreme Court of Ohio in the case of Dugan & Meyers Constr. Co. v. Dept. of Admin. Serv. (2007), 113 Ohio St.3d 226, arguing that public owners in Ohio should not be liable for additional construction costs when contractors fail to follow contractual procedures for obtaining additional time and money. He also defended a public school district in a bid dispute in the reported case of Monarch Constr. Co. v. Ohio Sch. Facilities Commission (2002), 150 Ohio App.3d 134, successfully arguing that public school districts have broad discretion in the bidding process to determine the responsibility of a bidder.
- Member, Bricker & Eckler’s Southeast Ohio team
- Participant, Governor's Advantage Ohio Initiative, Ohio School Facilities Commission Working Group
- Speaker, "Broken Promises, Bad Buildings," Bricker Construction Best Ideas Series
- Speaker, "Bidding for Public Construction Contracts: Getting Good Contractors"
- Speaker, County Construction & Finance Seminar
- Speaker, Top Gun Construction Claims Seminar
- Speaker, Buckeye Association of School Administrators School Facilities Conference
- Member, Columbus Bar Association; Ohio State Bar Association; American Bar Association
- Recognized, ChambersUSA, Construction Law with a Band 1 ranking, 2012-2015; Band 2 ranking 2008-2011
- Listed, Ohio Super Lawyers, 2004, 2006-2015
- Listed, Best Lawyers in America (Construction Law; Litigation - Construction) 2005-2016
- Columbus Lawyer of the Year, Best Lawyers in America (Litigation – Construction) 2015
- Listed, Legal 500
- Member, Million Dollar Advocates Forum
- Listed, The International Who's Who of Construction Lawyers, 2008
- The Ohio State University Moritz College of Law (J.D., 1989); Order of the Coif; Articles Editor, Ohio State Law Journal
- The Ohio State University College of Pharmacy (B.S., 1981)
Design-build for water and wastewater projects
Subcontractor default insurance: A cautionary tale
Design-Build Under Ohio Construction Reform
Best Lawyers recognizes Bricker & Eckler attorneys
Bricker & Eckler attorneys named Ohio Super Lawyers, Ohio Rising Stars
Best Lawyers recognizes Bricker & Eckler attorneys
Local law firm, lawyers ranked in Chambers USA
Best Lawyers Bestows Honors on Bricker & Eckler Attorneys
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.
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.
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.
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.
Advised a public hospital regarding the evaluation of bids.
Counselled public hospital client through the negotiation of an architect agreement.
Prepared request for qualifications, request for proposals and contract documents for municipal administration building design-build projects.
Prepared construction contract for new dentist's office project.
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
Create template architect agreements, engineer agreements, bidding documents and owner-contractor agreements for public entities including cities and counties.
Prepared request for qualifications, request for proposals and contract documents for a K-12 school district's design-build project.
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.
Provided outside legal consulting services and prepared wastewater bid packages and contract documents for Ohio's three largest wastewater treatment providers.
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.