Worked with a public hospital's office of general counsel and its department of construction management with regard to all aspects of design and construction of a 58,000-square-foot off-campus health center using the construction manager in an agency role delivery model with multiple prime contracts.
Jack Rosati, Jr.
Jack Rosati is the chair of Bricker & Eckler's Construction Law group. With 27 years of experience as a construction attorney, Jack has served as counsel for numerous projects, including several of the largest hospital systems in Ohio. His involvement in health care-related projects has included multi-year system transformations with individual values up to $1 billion. He has also frequently served as construction counsel for smaller public and private hospitals.
Additionally, Jack 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 and as construction counsel on numerous construction manager at risk projects. He has also served as a mediator on construction cases and has the experience and ability to evaluate the merits of parties' claims and facilitate settlements.
Jack’s practice emphasizes counseling and litigation related to bid disputes, construction defects, insurance coverage issues, project delivery systems, construction contracts and specifications. Examples of other matters include, serving as construction counsel on municipal courthouse projects; 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
- 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
- Listed, Best Lawyers in America (Construction Law; Litigation - Construction), 2005–2017
- Recognized, ChambersUSA, Construction with a Band 1 ranking, 2012–2016; Construction with a Band 2 ranking, 2008–2011
- Listed, Ohio Super Lawyers (Construction Litigation: Business), 2004, 2006–2017
- Columbus Lawyer of the Year, Best Lawyers in America (Litigation – Construction), 2015
- Listed, The International Who's Who of Construction Lawyers, 2008
- Member, Million Dollar Advocates Forum
- Listed, Legal 500
- 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)
Mediation should always be attempted
The unprepared party
Mediation in construction disputes: Building bridges
Design-build for water and wastewater projects
Bricker attorneys named 2017 Ohio Super Lawyers
Bricker & Eckler attorneys earn Best Lawyers 2017 recognition
Bricker & Eckler attorneys selected for inclusion in the 2016 Ohio Super Lawyers list
Best Lawyers recognizes Bricker & Eckler attorneys
Assisted with drafting and negotiating design-build contract for a private hospital. Project value exceeded $320 million.
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.
Advised a city regarding project delivery methods newly available to Ohio public entities for its new public services facility project. Created a streamlined procurement process for a design-build project, pursuant to the city’s Amended Charter and Codified Ordinances, and prepared the request for proposals and contract documents for the project.
Represented the amici curiae in support of a village position that the enforceability of liquidated damages must be analyzed prospectively rather than based on the amount of total liquidated damages that ultimately accrued after significant delays and, additionally, that liquidated damages are equally appropriate for both new construction and improvements to existing infrastructure.
Retained by a city to help identify the cause of the water infiltration issues over the natatorium area of its recreation center. Destructive testing was scheduled, and based upon the forensic report prepared by a consultant, it was determined that sections of the roof needed to be replaced. We prepared contract documents and assisted the city with the bid process for a contractor to perform the remedial work and are working with the city to schedule mediation with the design professional and original contractors.