Industries & Practices
Practical solutions built on 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
"The entire Bricker & Eckler team is fantastic. The staff is focused on providing the most efficient and effective customer service for their clients and/or potential clients."
"Bricker & Eckler is top-notch. They provide a high level of expertise and service to their clients."
"Bricker does a tremendous job with listening, evaluating and providing professional guidance with construction law issues. They take the time to review the circumstances, evaluate each specific circumstance and assist in guiding toward solutions."
Private developer contracts
Prepared architect, contractor and design-builder agreements for private developer.More
Mechanic's liens statutory process and claims
Represented school district in administration of statutory process relating to mechanic’s liens and addressed mechanics’ lien claims and related law suits for multiple K-12 school proje...More
Correction of defective stone façade
Represented library in procuring an architect and contractor to repair a defective stone façade, which exhibited significant issues with water drainage and efflorescence. Represented t...More
Correction of masonry issues
Served as construction counsel to a school district for its new K-12 school building, constructed through the Ohio School Facilities Commission’s Classroom Facilities Assistance Program. Maso...More
$50 million school district capital improvement pr...
Assisted school district with procurement and construction issues related to a $50 million district-wide capital improvement program, which included construction of a new K-12 school building. ...More
Represented school district in warranty claims against vinyl flooring manufacturer.More
Assisted school district with procurement and construction of a large retaining wall related to a slope failure on a school campus.More
Architect fee dispute
Represented school district in fee dispute with architect of record for district-wide capital improvements project.More
Construction defect representation
Successfully represented an Ohio contractor in a lawsuit involving construction-related roof claims related to a federal courthouse.More
$2.5 million jury verdict for Ohio municipality
Obtained a $2.5 million jury verdict for an Ohio municipality in a construction-related lawsuit after a two-week jury trial. Attorney fees were also recovered.More
Areas of Focus
K-12 School Construction
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.
Health Care Construction
Our highly regarded construction attorneys have represented many public and private health care facilities on all aspects of their construction projects — from the preparation of contract documents through litigation, when necessary. Our experience includes multiple prime contractor, general contractor, construction manager at risk and design-build delivery models.More
Water & Wastewater Projects
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.
Public Owner Representation
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.
Employers Facing OSHA Issues
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.
Higher Education Construction
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.
Ohio appellate court awards consequential damages for contractor’s failure to achieve substantial completion due to recklessnessMore
R.C. § 717.02 - Qualifications-based procurement of energy conservation measures by municipalitiesMore
Construction Webinar Series: Streamlining Procurement with Term Agreements for Design Professionals, CMRs & Design-Builders
- Thursday, July 15, 2021
- 12:00 PM to 12:45 PM
Construction Webinar Series: Selecting a Design Professional & CMR – Mock Evaluation Committee Meeting
- Thursday, July 8, 2021
- 12:00 PM to 1:00 PM
Construction Webinar Series: Cost-Plus Pricing & GMP Pitfalls – What You Need to Know When Contracting with a CMR or Design-Builder
- Thursday, June 24, 2021
- 12:00 PM to 1:00 PM
- Thursday, June 17, 2021
- 12:00 PM to 12:45 PM
Sylvia Gillis mourned by Bricker colleagues, clients and construction industry friends
Bricker attorneys and staff members mourn the loss of friend and colleague Sylvia Gillis, who passed away on May 17, 2020, after a hard-fought battle against cancer. Sylvia was an esteemed construction attorney and a more than 30-year member of the firm.More May 18, 2020
Construction Equipment Guide cites information from Evans to give optimistic picture of construction industry's future
Citing a recent CARES Act summary publication, authored by Bricker construction attorney Mark Evans, the Construction Equipment Guide describes the specific allocation of funds and their designations.More Apr 27, 2020
Ohio Court Tracker: The Impact of COVID-19
The goal of the "Ohio Court Tracker" is to pull all of that information into one place in order to allow attorneys, judges, court staff and the general public to quickly identify what courts in all 88 Ohio counties are doing in response to the COVID-19 pandemic.More