Jeffrey R. Appelbaum

Practices

• Construction

Professional Experience

For over 30 years, Jeff has served the construction industry in the varying roles of trial and transactional attorney, project counsel, project management consultant, mediator and partnering facilitator. Jeff has provided distinguished service to public and private owners, design professionals, construction managers and contractors on important projects throughout the United States and Canada. He has served as project management consultant or project counsel for over 75 projects involving billions of dollars of construction. He has served as lead trial lawyer for dozens of cases involving hundreds of millions of dollars of disputed claims. During the past five years, he has facilitated over 150 partnering sessions and served as mediator for successful resolution of over 100 major construction claims.

Education

• Cornell University Law School, J.D., 1977, cum laude
• Cornell University, B.A., 1974, with distinction

• Services as Project Counsel-Representative Projects
• Big Stone Power Plant II, Super Critical Coal Fired Power Plant/South Dakota (Construction and Risk Management Counsel)
• Gateway-Jacobs Field and Gund Arena/Cleveland, OH
• Golden State Warriors Arena/San Francisco, CA
• Nationwide NHL Arena/Columbus, OH
• 49ers NFL Stadium/San Francisco, CA
• Key Center/Cleveland, OH
• Marriott Hotel/Cleveland, OH
• Severance Hall Renovation and Addition/Cleveland, OH
• Dayton Daily News New Production Facility/Dayton, OH
• Portland Natural Gas Transmission System (Boston to Canada Pipeline Project)
• Crawford Museum of Transportation & Industry/Cleveland, OH
• The Rialto Project/Atlanta, GA
• Akron General Medical Center/Akron, OH
• Great Waters Aquarium/Cleveland, OH (not built)
• AmeriTrust Center/Cleveland, OH (not built)
• BP America Parking Garage/Cleveland, OH
• Society-Marriott Garage/Cleveland, OH
• Marriott Hotel/South Bend, IN
• Pier House Hotel/Key West, FL
• Symphony Towers/San Diego, CA
• The A.M. McGregor Home/Cleveland, OH
• Renaissance Center/Cleveland, OH
• Carew Tower Retail Renovation/Cincinnati, OH
• Services as Project Management Consultant - Representative Projects
• Minnesota Twins New Ballpark/Minneapolis, MN
• Orlando Events Center/Orlando, FL
• Pittsburgh Penguins New Arena/Pittsburgh, PA
• Florida Marlins Retractable Roof Ballpark/Miami, FL
• Kansas City Royals, Kauffman Stadium Expansion and Renovation Project/Kansas City, MO
• San Francisco 49ers Football Stadium/San Francisco, CA (2005 project)
• St. Louis Cardinals New Ballpark/St. Louis, MO
• Minnesota Wild NHL Arena/St. Paul, MN
• Soldier Field/Chicago, IL
• Toledo Mud Hens New Ballpark/Toledo, OH
• Pittsburgh Pirates New Baseball Park/Pittsburgh, PA
• Science Center Expansion for the Carnegie Museums/ Pittsburgh, PA
• Juvenile Intervention Facility/Cuyahoga County, OH
• Services as Partnering Facilitator - Representative Projects
• Over 100 Ohio Public School Projects Funded by the Ohio School Facilities Commission
• Ohio State University – New Psychology Building/Columbus, OH
• Ohio State University – Mechanical Engineering Building/Columbus, OH
• Ohio State University – Larkins Hall/Columbus, OH
• Ohio State University Aronoff Laboratory of Biological Sciences/Columbus, OH
• Ohio State University Football Stadium Renovation/Columbus, OH
• St. John’s Health Center/Santa Monica, CA (Incentive Partnering)
• Medina City School District High School Addition and Renovation Project/Medina OH
• University Hospitals New Bed Tower Project/Cleveland, OH
• Cuyahoga Community College New Classroom Building/Cleveland, OH
• Dayton Daily News Newspaper Production Facility/Dayton, OH
• New Strongsville Municipal Center/Strongsville, OH
• Crawford Museum of Transportation & Industry/Cleveland, OH
• Hawken School/Gates Mills, OH
• The A.M. McGregor Home/Cleveland, OH

• Co-Author · The Rights and Responsibilities of the Architect-Engineer Under Ohio Law, Cambridge Institute, 1987 and 1988 Editions
• Co-author, "Owner-Construction Manager Agreement," Chapter 7 · Construction Renovation Formbook, Wiley Law Publications, 1991
• Author, "Bridging the Design-Build Gap" · Communique´, Winter 1996
• Author, "Building Gateway: The Role of Project Construction Counsel" · Cleveland Bar Journal, July, 1994
• Co Author, "Building Gateway: Resolving Labor and Employment Issues" · Cleveland Bar Journal, September, 1994

• “PNC Park: Structuring a Successful Project Delivery and Risk Management Approach,” segment of “Guess Who’s Coming to Town? Stadiums, Arenas, Malls and More: The Community Impact Project, Plenary Session I - Big Building Boom in the ‘Burgh: Pirates, Steelers, Conventions and More”, American Bar Association, Forum on the Construction Industry, 2001 Annual Meeting, New Orleans, LA, 04/26/01
• "Insuring and Bonding the Design/Build Project," segment of "Withstanding the Tremors: The Golden Rules for a Rock-Solid Design/Build Project", American Bar Association, Forum on the Construction Industry & TIPS Fidelity & Surety Law Committee's Joint Midwinter Program, San Francisco, CA, 01/25/07
• "The Merger of BIM & Project Delivery: To Be or Not To Be?", Risk Management Seminar, Professional Concepts Insurance Agency, East Lansing, MI, 06/25/08
• "Opportunity for Integrated Project Delivery – for all Design Disciplines," segment of "Market Trends – How to Respond and Develop the A/E Firm of the Future," "All Ohio Convocation", Columbus, OH, 04/24/08
• "The Archway to Success: Design-Build in Mid-America, St. Louis Cardinals Ballpark Project," segment of "Advanced Design-Build & Bridging Strategies", Design-Build Institute of America; Indianapolis, IN, 03/20/08
• "The Merger of BIM and Project Delivery: To Be or Not To Be?", Old National Insurance Company, Indianapolis, IN, 03/04/08
• "Managing Construction Projects in Ohio", Lorman Education Services, Columbus, OH, 12/07; 11/06; 11/05
• "The Merger of BIM and Project Delivery: To Be or Not To Be?", PLAN Annual Meeting, Cleveland, OH, 09/28/07
• "Tricks, Traps and Ploys Used in Construction Scheduling", Lorman Education Services, Cleveland, OH, 3/07; 12/05; 12/04
• "What To Do When Construction Projects Go Bad in Ohio", Lorman Education Services, Columbus, OH, 9/19/06
• "You're Blaming Me – A/E Responsibility for Delay and Disruption Claims", "All Ohio Convocation", Columbus, OH, 05/05/05
• "Standard of Care, Betterment and Other Misunderstood Concepts," segment of "Change Orders in Ohio," , Lorman Education Services, Columbus, OH, 01/25/05
• "Professional Liability and Contracts for Consulting Engineers," segment of "Essential Skills for Design Firm Management," , American Council of Engineering Companies (ACEC), Columbus, OH, 11/18/04
• "Putting Lawyers Out of Business: Jobsite Alternative Dispute Resolution (the OSFC Experience)", dinner presentation for the American Society of Estimating Engineers, Cleveland, OH, 11/16/04
• "Arbitrator Selection, Large Firm Considerations", American Arbitration Association Breakfast Eye-Opener, Cleveland, OH, 10/13/04
• "Achieving Success on Public Sector Projects, Recent Trends in Ohio Public Works Construction Law," segment of "Construction Claims for Public Entities,", Lorman Education Services, Cleveland, OH, 09/22/04
• "Construction Management/Design-Build in Ohio,", Lorman Education Services, Independence, OH, 07/27/04
• "Arbitration Awards: Safeguarding, Deciding and Writing Awards,", American Arbitration Association Training Workshop, Cleveland, OH, 06/10/04
• "Achieving Success on Public Sector Projects, An Examination of Emerging Risk Management Methods (With Special Emphasis on the OSFC Construction Program),", segment of 2004 Ohio State Bar Association Annual Convention, Cleveland, OH, 05/14/04
• "Arbitrator Ethics,", American Arbitration Association Training Workshop, Cleveland, OH, 02/24/04
• "What Owners Need to Know About Delay and Disruption Claims," segment of "The 'Owner's' Construction Superconference,", San Francisco, CA, 12/11/03
• "Successful Use of Bridging for Design/Build," segment of "Inside Design/Build: Growing Trends, Successful Solutions,", sponsored by the Design-Build Institute of America, Society for Marketing Professional Services and American Society of Civil Engineers, Cleveland, OH, 9/18/03
• "Strategic Alliances and Partnership,", presentation as panelist at AIA Akron Chapter Meeting, Canton, OH, 03/20/03
• Presentation on Risk Management, segment of Ohio Builds 2002 Convention,, Columbus, OH, 09/24/02
• "Making the Right Plays,", The Eighth Annual Market Trends Program for Architects, Engineers and Construction Managers, sponsored by Thompson Hine LLP and Selvaggio Teske & Associates, Cincinnati, OH 8/1/02; Cleveland, OH, 8/6/02
• "A Brief Examination of a Really Cool Integrated Risk Management and Contractor Default Insurance Program that May Never Again Be Available in the Post-9/11 Era"; , segment of Columbus Bar Association Construction Law Seminar, Columbus, OH, 02/04/02
• Sponsor's Address at 2001 National Convention of the Society of American Registered Architects;, Cleveland, OH, 10/20/01
• “Ohio Construction Law: Can This Job Be Saved? Creative Strategies for Project Completion & Litigation Avoidance”, Cleveland, OH, 06/07/01; 02/08/99; 10/28/98
• "Managing Divergent Constituencies During the Construction Process", presentation at the 45th Annual Ohio School Boards Association Capital Conference and Trade Show, Columbus, OH, 11/14/00
• “Partnering in Construction Administration”, segment of the Central Ohio Construction Expo, sponsored by The Builders Exchange of Central Ohio, Columbus, OH, 03/16/00
• “Construction Wrap-ups: The Good, the Bad, and the Ugly” (panelist), Minnesota Chapter, Risk and Insurance Management Society, Minneapolis, MN, 04/20/99
• “Managing Construction Risks: The Role of Project Counsel”, Annual Seminar, Construction Law Committee, Columbus Bar Association, Columbus, OH, 12/08/98
• “Managing Construction Costs: Opportunities and Obligations for the Design Professional”, General Session of the 10th Annual Convocation of the Design Professionals Risk Control Group, Palm Springs, CA, 11/14/98
• “A Glimpse into the Crystal Ball — What to Expect in the New Millennium”, segment of “Year 2000: Dispute Avoidance and Resolution,” American Arbitration Association’s Construction Alternative Dispute Resolution Day 1998, Cleveland, OH, 11/10/98
• “Legal Aspects of Managing Risk on Major Construction Projects,” segment of Nationwide Insurance 1998 Insurance Law Seminar Series, Columbus, OH, 10/19/98
• “Managing Construction Costs: Opportunities and Obligations for the Design Professional”, DPIC Insurance Companies and DenMark Insurance Services, Cincinnati, OH 08/04/98; Cleveland, OH 08/05/98
• “Exculpatory and Risk Shifting Clauses”, segment of the American Arbitration Association’s 1998 Spring Construction Industry Alternative Dispute Resolution Program, Cleveland, OH, 03/13/98
• “New Directions in Public and Private Contracting — Year 2000”, segment of the American Arbitration Association’s 1998 Spring Construction Industry Alternative Dispute Resolution Program, Cleveland, OH, 03/13/98
• "Bridging the Design-Build Gap", presentation to Akron Chapter, American Institute of Architects, Akron, OH, 10/21/97
• "Real Partnering", DenMark Insurance Services, Cleveland, OH, 08/05/97
• "Bridging the Design-Build Gap", segment of Design/Build — Emerging Trend in Construction Contracts, sponsored by Insight Information Inc., Calgary, Alberta, CANADA 06/20/97; Toronto, CANADA 02/28/97
• “The Partnering Process and Dispute Review Boards”, segment of the American Arbitration Association’s Construction Industry Seminar on Risk Management, Cleveland, OH, 03/07/97
• "Project Counsel Case Study", segment of Session 913, "New Opportunities for Lawyers as Project-Counsel", The Construction Superconference, San Francisco, CA, 12/13/96
• "Controlling Construction Costs", 1996 CUED Annual Conference, National Council for Urban Economic Development, Cleveland, OH, 10/01/96
• "The Current Legal Environment in Ohio", The DenMark Group, Columbus, OH, 08/08/96
• "Bridging and Construction Management in a Design-Build World", DPRCG Sixth Annual Loss Prevention Convocation, San Antonio, TX, 11/10/95
• "Project Delivery Formats and the Design-Build Trend", segment of "Commercial Construction Contracts: Current Issues and Forms," Cleveland Bar Association 17th Annual Real Estate Law Institute, Cleveland, OH, 11/03/95
• "Ethics & Disclosure," segment of "Managing the Arbitration Process", Introductory Arbitrator Training Workshop, American Arbitration Association, Cleveland, OH, 11/03/95
• "Design/Build and Construction Management: Opportunities for the Design Professional", The DenMark Group, Cleveland, OH, 07/27/95
• "Construction Process", The Cleveland Foundation for Architecture's Annual Meeting, Cleveland, OH, 06/26/95
• "Alternative Dispute Resolution: Can It Benefit In-House Counsel?", The Price Waterhouse General Counsel Forum, Cleveland, OH, 06/06/95
• "Claims Avoidance", segment of Cleveland Engineering Society's 43rd Annual Design/Construction Conference, Cleveland, OH, 10/25/94
• "Advanced Construction Arbitrator Training", American Arbitration Association, Cleveland, OH, 09/23/94; 05/10/94
• "Department of Administrative Services Contract Review Seminar", presented in conjunction with R. V. Buric Construction Management Consultants, Inc., Toledo, OH, 06/08/94
• "It Could Happen to You!", Claims Study Workshop presented in conjunction with The DenMark Group, Toledo, OH, 03/16/94
• "Alternative Dispute Resolution Options", Cleveland Bar Association, Continuing Legal Education Seminar, Cleveland, OH, 02/09/94
• "Utilizing the Partnering Process and Alternative Dispute Resolution Options", segment of "Partnering and the Construction Industry," American Arbitration Association Annual ADR Day Program, Cleveland, OH, 10/22/93
• "No Damage for Delay Clauses and Municipal Residential Requirements", segment of Cuyahoga County Law Director's President's Day Workshop, Cleveland, OH, 02/15/93
• "Preparing a Contract for Today's Market", segment of "Streamlining the Construction Process; Comparison of Construction Manager and General Contractor," Real Estate Section, Cleveland Bar Association, Continuing Legal Education Seminar, Cleveland, OH, 11/24/92
• "Win/Win Alternates for Avoiding Construction Disputes", ICSC Centerbuild Conference, Ft. Lauderdale, FL, 10/26/92
• "Preparing a Contract for Today's Market", segment of "Recent Trends in Construction Law," Ohio CLE Institute, Continuing Legal Education Seminar, Cincinnati, OH 01/16/92; Columbus, OH 01/24/92; Cleveland, OH 01/30/92
• "Dispute Resolution", segment of "Recent Trends in Construction Law," Ohio CLE Institute, Continuing Legal Education Seminar, Cincinnati, OH 01/16/92; Columbus, OH 01/24/92
• "Resolving Construction Disputes -- Talk is Cheaper", ICSC Centerbuild Conference, Phoenix, AZ, 11/22/91
• "How to Avoid Legal Entanglements in Construction", a seminar series sponsored by The Builders Exchange, presented in six, weekly, 2½-hour sessions, Cleveland, OH, 10/15/91-11/19/91
• "Using ADR Processes in Business Cases", panelist in segment of "Alternative Dispute Resolution: Choosing and Using ADR Processes," Case Western Reserve University School of Law, Cleveland, OH, 09/26/91
• "The Prevention and Resolution of Construction Contract Disputes", Ohio State University, Continuing Legal Education Seminar, Columbus, OH, 07/11/91
• "Construction Law", Cincinnati Bar Association, Continuing Legal Education Seminar, Cincinnati, OH, 06/14/91
• "Conceptualizing the Project and Negotiating the Contract for Construction", Columbus Bar Association, Real Property Law Institute, Columbus, OH, 02/14/91
• "Dispute Resolution Alternatives in Construction Contracts", ICSC Centerbuild Conference, Ft. Lauderdale, FL, 12/01/90
• "Construction and Completion", Cleveland Bar Association 1990 Real Estate Law Institute, Cleveland, OH, 10/05/90
• "Construction Claims," presented in conjunction with Roy L. Wilson, P.E, co-sponsored by the University of Toledo Division of Continuing Education and Pepperdine University School of Law, Cleveland, OH, 04/27/90
• "The 'Home Rule' Controversy", OCC/NIBS Sixth Annual Fall Conference (Panelist), Columbus, OH, 12/08/89
• "Construction Contract Issues", ICSC Centerbuild Conference, Tucson, AZ, 12/01/89
• "Construction Disputes and Claims", presented in conjunction with R. V. Buric Construction Consultants, Inc., sponsored by Ohio Building Chapter, AGC, Cleveland, OH, 11/16/89-11/17/89
• "Joint Venturing for MBEs", Cleveland State University MBE Opportunity Exchange, Cleveland, OH, 09/12/89
• "Dispute Resolution Alternatives in Construction Contracts", Housing and Construction Law Committee, Cincinnati Bar Association, Cincinnati, OH, 05/09/89
• "Construction Contracts: Approaches, Pitfalls and Solutions", ICSC Centerbuild Conference, Ft. Lauderdale, FL, 12/01/88
• "Legal Pitfalls for the Construction Contractor", American Institute of Estimating Engineers Dinner/Lecture Series, Cleveland, OH, 10/12/88
• "Representing the Builder in an ADR Proceeding", Center for Public Resources ADR in Construction Disputes Seminar, Cleveland, OH, 08/12/88
• "Construction Arbitration", American Institute of Estimating Engineers Dinner/Lecture Series, Cleveland, OH, 03/08/88
• "Representing the Builder in the Negotiation of a Construction Contract", Cuyahoga County Bar Association Real Estate Seminar, Cleveland, OH, 02/11/88

• Named Construction Lawyer of the Year, 2012 Cleveland Litigation, in The Best Lawyers in America; listed in Best Lawyers since 1995
• Ranked as one of America's Leading Construction Lawyers (and the Leading Construction Lawyer in Ohio), Chambers USA Guide to America's Leading Business Lawyers, 2003 - 2012
• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine in 2006 - 2013
• Named as one of the top 10 lawyers in the United States in Construction Law, Legal 500, 2011
• Selected for inclusion in The International Who's Who of Construction Lawyers, 2013
• American Arbitration Association Special Award for Dedicated Service to Alternative Dispute Resolution in the Construction Industry – 1997