Overview

Dan is a partner in the firm's Construction practice group who focuses on the litigation of disputes in courts and arbitrations. He has 24 years of experience representing owners, developers, contractors, architects, engineers, construction managers, construction product manufacturers and other construction professionals. He has acted as first chair trial attorney in jury trials and bench trials in both federal and state court, and first chair attorney in numerous arbitrations.

Dan also has significant experience in commercial real estate litigation with particular emphasis on landlord/tenant issues, large commercial foreclosures and court receiverships.

Experience
  • Obtained $3 million federal court jury verdict (affirmed on appeal) as first-chair trial lawyer representing dredging contractor on unforeseen site condition claim in Norfolk, Virginia Navy pier project.
  • Defended oil and gas midstream company in defense of Utica Shale pipeline construction claims. Amicably resolved case after 4 weeks of a jury trial.
  • Obtained summary judgment for an engineering company and construction manager in defense of geotechnical design claims on a municipal water pump station project.
  • Obtained defense verdict in bench trial in defense of breach of fiduciary duty claims against office building developer.
  • Obtained summary judgment for a project manager on major ODOT bridge project in defense of negligence claims arising from large fuel spill at construction site in Toledo, Ohio.
  • Obtained favorable award in arbitration of specialty steel manufacturer claims arising out of JFK Airport expansion project in New York.
  • Represented architect in defense of $50 million design defect claim involving geotechnical issues on a Pittsburgh commercial development.
  • Represented a vinyl wall covering manufacturer in defense of various lawsuits alleging construction defect, product liability, and breach of warranty claims stemming from the growth of mold in hotels and nursing homes in New Orleans.
  • Represented a developer in arbitration and mediation of contractor delay claims arising out of Orlando new apartment construction.
  • Represented an engineer in defense of class action lawsuit arising out of property flood damage in Toledo, Ohio.
  • Represented trade contractors with delay and impact claims before the federal government's General Service Administration Board of Contract Appeals in Washington, D.C. arising from new federal courthouse construction in Cleveland.
  • Represented construction manager in litigation and mediation on claims arising out of 100 million dollar school renovation project in New Hampshire.
  • Represented Fortune 500 Manufacturing Tenant in Build-to-Lease dispute regarding a Cleveland warehouse construction project.
  • Represented a developer in litigation arising out of purchase of major commercial development space in Cleveland.
  • Represented construction manager in litigation and mediation on acceleration and impact claims arising out of 100 million dollar new college dorm project in Cleveland.
  • Represented contractor in successful bid protest to the federal government's General Accounting Office arising out of bid proposal submitted to the General Service Administration for office renovation project in Cleveland.
  • Represented law firm in defense of several class action lawsuits arising from alleged violations of the Fair Debt Collection Practices Act.
  • Represented architects and owners on American Disability Act claims.
  • Regularly advises construction professionals on bidding, contract, mechanic’s liens, claim avoidance and claim preservation issues.
Publications
  • Contributing author, "Construction Laws and Customs: Ohio Q&A," Practical Law (Thompson Reuters), November 2017
  • Contributing author, "Construction Laws and Customs: Ohio," Practical Law (Thompson Reuters), February 2016
  • Contributing author, 2009 Ohio Construction Law Manual, (Baldwin's Ohio Practice), 2009
  • Author, "Developments in Ohio Prompt Pay Act Law," Ohio Code News, 2004
Presentations
  • "Commercial Evictions," Ohio State Bar Association, Leases Seminar, 2010 and 2011
  • "The 'Master's Institute' on Ohio Construction Law & Tools for Success," Thompson Hine construction clients, 2010
  • "The AIA and Beyond: Critical Issues Raised by the 2007 Revisions," Lorman Education Seminar, 2009
  • "Tricks, Traps and Ploys Used in Construction Scheduling in Ohio," Lorman Education Seminar, 2008
  • "A New Paradigm for Ohio's Construction Industry," Northern Ohio Chapter of The Construction Management Association of America, 2007
  • 2006 Ohio Construction Law Year in Review, Thompson Hine construction clients, 2007
  • "2005 Ohio Construction Law Year in Review," Thompson Hine construction clients, 2006
  • "Construction Claims for Public Entities in Ohio," Lorman Education Seminar, 2004
  • "Ohio Construction Law: Can This Job Be Saved," Lorman Education Seminar, 2001
Distinctions

Recognized for excellence by The Best Lawyers in America, 2015 to 2018

Professional and Civic

Professional Associations

  • American Bar Association Forum on Construction Industry
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association
  • American Arbitration Association, Construction Advisory Council, former member, Northeast Ohio Regional Office
News