Jeffrey R. Appelbaum

Partner

Managing Director, Project Management Consultants, LLC

Partner/Chairman of Construction Law Group, Thompson Hine LLP

Overview

For 38 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 counsel or owner’s representative for more than 90 projects involving billions of dollars of construction, including 20 major league sports facilities and other community impact projects throughout North America. He has facilitated over 200 partnering sessions and conducted more than 300 complex construction mediations. In 2008-09, Jeff was appointed by the Governor of Ohio to serve as facilitator for the Ohio Construction Reform Panel and more recently was involved in creating the final legislation that became effective in January 2012 and dramatically modified public procurement in Ohio. In 2011, The Legal 500 rated Jeff as one of the 10 leading construction lawyers in the United States, and in 2012 Jeff became one of only six “Star” rated construction lawyers in the Chambers USA national rankings. Also in 2012, Jeff became the first lawyer inducted into the Cleveland Engineering Society Hall of Fame.

Experience

Services as Project Counsel-Representative Projects

Services as Project Management Consultant - Representative Projects

Services as Partnering Facilitator - Representative Projects

Publications
  • Co-Author, "Construction Laws and Customs: Ohio," Practical Law, February 2016
  • Co-Author, Government Contracts Update
  • Co-Author, Ohio Construction Law Manual, Baldwin’s Ohio Practice Series, 2009, 2010
  • 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, “PMC Bridges the Design/Build Gap,” Properties Magazine, July 2005
  • 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
Presentations
  • “Deep Surgery: Contemplating Complex Issues in Construction Contracts,” segment of American College of Real Estate Lawyers’ (ACREL) 2015 Mid-Year Meeting, Scottsdale, AZ, March 2015
  • “Contracts: When to Stay and Negotiate, Walk Away or Run,” segment of 2015 All Ohio Convocation, hosted by The Oswald Companies, Lewis Center, OH, April 2015
  • “Selecting the Right Project Delivery System for your Construction Project,” ACRELive! Webinar, American College of Real Estate Lawyers, July 2015
  • “Ninety + Minutes of Interactive Construction Law,” Business Session of Annual Convention of Associated General Contractors of Ohio, Kamuela, Hawaii, March 2014
  • “Plenary 1 – Project Development – The Public Owner’s Balancing of the Who, What, When Where and Why at Project Conception,” segment of ABA The Fidelity and Surety Law Committee 2014 Mid-Winter Program, Construction: “What Were They Thinking? Understanding the Construction Project From the Public Owner’s Perspective,” sponsored by Tort Trial & Insurance Practice Section Fidelity & Surety Law Committee, New York, January 2014
  • “Kinda, Sorta IPD – Can We Get Where We Need to Be?” Second Annual Ohio Owner’s Convocation, Columbus, Ohio, October 2013
  • "Large Projects: Getting the Tough Stuff Resolved,” Willis 19th Annual Risk Management Conference, New Orleans, September 2013
  • Instructor, “Unit 3: BIM Contract Negotiation and Risk Allocation,” for Construction Employers Association, Cleveland, July 2013
  • “Ohio Construction Reform Update,” sponsored by Allied Construction Industries, Cincinnati, June 2013
  • Construction Industry Hot Topics Breakfast Seminar,” sponsored by Thompson Hine LLP, Cleveland, May 2013
  • “Creating and Constructing Sport/Entertainment Venues,” Cleveland-Marshall 2013 Sports and Entertainment Law Academy Sports Law Symposium, Cleveland, April 2013
  • AGC Construction Reform Seminar, Toledo, Ohio, April 2013
  • “The MOCA Project: Owner’s Representative, Architect and Construction Manager Panel Discussion,” Session 2 of “Making CM At-Risk Work: Public Owner, Private Owner and Owner’s Representative Panel Discussion,” Construction Owners Association of America 2013 Spring Seminar, Cleveland, April 2013
  • “Project Delivery Systems & Planning for Success,” Plenary II of The Florida Bar’s 6th Annual Construction Law Institute, Orlando, March 2013
  • “Selecting the Delivery System & Negotiating the GMP,” Business Session of Annual Convention of Associated General Contractors of Ohio, Key Largo, Florida, March 2013
  • “Part One: Selecting the Appropriate Project Delivery System: Selection Criteria, Project Delivery Workshop and Tools for Mitigating Risk,” segment of “Advanced Project Delivery: Improving the Odds of Success, Plenary 1 – Does It Really Matter? What Does the Project Delivery System Bring to the Success or Failure of the Project,” American Bar Association Forum on the Construction Industry 2012 Annual Meeting, Las Vegas, April 2012
  • Co-Presenter, “Workshop A: Negotiation and Close Out of Large Projects – Amway Center and Marlins Baseball Park Projects,” segment of The Florida Bar’s 5th Annual Construction Law Institute, Reunion, Florida, March 2012
  • “Construction Reform: The Morning After,” Business Session of Annual Convention of Associated General Contractors of Ohio, Fajarado, Puerto Rico, February 2012
  • “House Bill 153 and Its Impact on Higher Education,” segment of “Ohio Construction Reform Program,” Columbus, Ohio, August 2011, Cleveland, August 2011, Cincinnati, August 2011, Toledo, Ohio, August 2011
  • “Ohio Construction Reform: House Bill 153 and Its Impact on Higher Education,” segment of “Higher Education Workshop: Redevelopment of E&G Facilities Through Public-Private Partnerships,” Columbus, Ohio, July 2011
  • “Cleveland Medical Mart & Convention Center,” Urban Land Institute’s Game Changer Breakfast Series, Cleveland, May 2011
  • “Construction Reform Revisited,” segment of “All Ohio Convocation,” Columbus, Ohio, April 2011
  • “CenterBuild Academy, Law 101,” segment of ICSC CenterBuild Conference, Phoenix, December 2010
  • “Project Delivery Methods/Ohio Construction Reform,” segment of “The ‘Master’s Institute’ on Ohio Construction Law . . . Tools for Success,” sponsored by the Thompson Hine LLP Construction Law Group, Cleveland, November 2010
  • Presentation on Florida Marlins Ballpark Project Delivery at ABA Forum on the Construction Industry’s 2010 Fall Meeting, “We Won’t Get Fooled Again: Lessons Learned from the Economic Downturn,” Miami Beach, September 2010
  • Keynote Speaker Presentations at Associated General Contractors of Ohio’s Annual Convention, Maui, March 2010
  • Lunch Keynote Speaker on Design-Build at Cleveland Engineering Society’s 57th Annual Design and Construction Seminar, “Opportunities + Leadership = Success,” Cleveland, March 2010
  • “IPD – Owner/Project Counsel Perspective,” segment of “Integrated Project Delivery Obstacles and Solutions,” 2009 DPRCG Loss Prevention Convocation, September 2009
  • “Managing Project Risk – Typical Project Failures . . . and What To Do About Them!” segment of COAA Fall Meeting, Cleveland, October 2009
  • “Ohio Construction Reform Panel: Update from Columbus,” segment of COAA Ohio Spring Event, Cleveland, May 2009
  • “Construction Reform Opportunities in Ohio,” segment of “All Ohio Convocation,” Columbus, Ohio, April 2009
  • “Litigation and Alternative Dispute Resolution,” segment of “ABA-ACORE – Renewable Energy Projects – Solutions Through Alternative Dispute Resolution: Case Studies for Success,” Teleconference Seminar, January 2009
  • “The Merger of BIM & Project Delivery: To Be or Not To Be?” Risk Management Seminar, Professional Concepts Insurance Agency, East Lansing, Michigan, June 2008
  • “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, Ohio, April 2008
  • “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, March 2008
  • “The Merger of BIM and Project Delivery: To Be or Not To Be?” Old National Insurance Company, Indianapolis, March 2008
  • “Managing Construction Projects in Ohio,” Lorman Education Services, Columbus, Ohio, December 2007, November 2006, November 2005
  • “The Merger of BIM and Project Delivery: To Be or Not To Be?” PLAN Annual Meeting, Cleveland, September 2007
  • “Tricks, Traps and Ploys Used in Construction Scheduling,” Lorman Education Services, Cleveland, March 2007, December 2005, December 2004
  • “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, January 2007
  • “What To Do When Construction Projects Go Bad in Ohio,” Lorman Education Services, Columbus, Ohio, September 2006
  • “You’re Blaming Me – A/E Responsibility for Delay and Disruption Claims,” All Ohio Convocation, Columbus, May 2005
  • “Standard of Care, Betterment and Other Misunderstood Concepts,” segment of “Change Orders in Ohio,” Lorman Education Services, Columbus, January 2005
  • “Professional Liability and Contracts for Consulting Engineers,” segment of “Essential Skills for Design Firm Management,” American Council of Engineering Companies (ACEC), Columbus, November 2004
  • “Putting Lawyers Out of Business: Jobsite Alternative Dispute Resolution (the OSFC Experience),” dinner presentation for the American Society of Estimating Engineers, Cleveland, November 2004
  • “Arbitrator Selection, Large Firm Considerations,” American Arbitration Association Breakfast Eye-Opener, Cleveland, October 2004
  • “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, September 2004
  • “Construction Management/Design-Build in Ohio,” Lorman Education Services, Independence, Ohio, July 2004
  • “Arbitration Awards: Safeguarding, Deciding and Writing Awards,” American Arbitration Association Training Workshop, Cleveland, June 2004
  • “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, May 2004
  • “Arbitrator Ethics,” American Arbitration Association Training Workshop, Cleveland, February 2004
  • “What Owners Need to Know About Delay and Disruption Claims,” segment of “The ‘Owner’s’ Construction Superconference,” San Francisco, December 2003
  • “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, September 2003
  • “Strategic Alliances and Partnership,” presentation as panelist at AIA Akron Chapter Meeting, Canton, Ohio, March 2003
  • Presentation on Risk Management, segment of Ohio Builds 2002 Convention, Columbus, Ohio, September 2002
  • “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, August 2002, Cleveland, August 2002
  • “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, Ohio, February 2002
  • Sponsor’s Address at 2001 National Convention of the Society of American Registered Architects; Cleveland, October 2001
  • “Ohio Construction Law: Can This Job Be Saved? Creative Strategies for Project Completion & Litigation Avoidance,” Cleveland, June 2001, February 1999, October 1998
Distinctions
  • Selected as an Arbitrator for the new AAA Construction Mega Project Panel by the American Arbitration Association.
  • AV® Preeminent Rated by Martindale-Hubbell
  • Named as one of the top 23 lawyers in the United States in Construction Law, Legal 500, 2011-2017
  • Selected for inclusion in Chambers USA: America's Leading Lawyers for Business, Construction (and the Leading Construction Lawyer in Ohio) 2010 to 2017; and Sports Law, Ohio, 2017
  • Named Lawyer of the Year, 2014 Cleveland – Litigation – Real Estate, in The Best Lawyers in America; listed in Best Lawyers since 1995
  • Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine, 2006-2017
  • Selected for inclusion in The International Who’s Who of Construction Lawyers, 2013
  • Named Construction Lawyer of the Year, Cleveland Litigation 2012 and 2018 in The Best Lawyers in America; listed in Best Lawyers since 1995
  • Inducted into Cleveland Engineering Society Hall of Fame, Design & Construction Division, 2012
  • American Arbitration Association Special Award for Dedicated Service to Alternative Dispute Resolution in the Construction Industry, 1997
Professional and Civic
  • American College of Real Estate Lawyers, Fellow, Class of 2014
  • American Arbitration Association Large and Complex Case Panel of Arbitrators
  • American Arbitration Association Construction Mega Project Panel Arbitrator (1 of 55 nationally)
  • American Bar Association, Forum Committee on Construction Industry, Litigation Section, Public Contract Law Section
  • Ohio State Bar Association, Sustaining Member, Litigation Section
  • Cleveland Metropolitan Bar Association, Fee Mediation and Arbitration Committee
  • Ohio Contractors Association
  • Associated General Contractors of Ohio
  • United States District Court, Northern District of Ohio, ADR Panel
  • Cuyahoga County Common Pleas Court Mediation Panel
  • Board of Directors, The Montessori High School at University Circle
  • Leadership Cleveland, Class of 1997
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