Overview

John is a litigator. He is a partner in the firm’s Construction practice group. He has presented in the Ohio Supreme Court, the United States Court of Appeals for the Sixth Circuit, 10 of Ohio’s 12 District Courts of Appeal, and before a multitude of trial courts, arbitration panels, and bankruptcy courts. With almost two decades of experience, John has tried cases, defended against and obtained injunctive relief, reversed and defended judgments on appeal, and settled disputes for his clients. He has complex civil, receivership, Multi-District Litigation, mass tort, and class action experience. John is licensed and admitted to practice in all of Ohio’s state courts, the United States Court of Appeals for the Sixth Circuit, the United States District Court for the Southern District of Ohio, and the United States District Court for the Northern District of Ohio. He has appeared in or worked on matters in Alabama, Arkansas, California, Colorado, Florida, Georgia, Indiana, Kentucky, Massachusetts, Michigan, Nebraska, New Jersey, Ohio, Pennsylvania, Tennessee, Texas, Vermont, Washington D.C., and West Virginia.

John lives with his wife, Erin, and their three children in New Albany, Ohio. When he is not occupied with his children’s dance, soccer, or musical endeavors, he reads, finds humor in too many things, and follows English Premier League and Ohio State University football and basketball.

Experience
  • Represented turbine manufacturer in claims for project delay, liquidated damages, defects, and change orders arising out of hydroelectric power plant construction.
  • Represented CM in project delay, change order, lien, builder’s risk, extra work, and Legionella exposure disputes arising out of new hospital construction.
  • Represented food, beverage, and dairy plant engineering firm in $29 Million of disputes arising out of plant construction, including contract, performance specification, defect, delay, liquidated damages, and lien claims.
  • Represented global development assistance company in $7 Million of claims arising out of road construction project in Afghanistan.
  • Represented natural gas pipeline owner in $4.5 Million in disputes over contract balance, change order, defect, and subcontractor claims.
  • Represented natural gas pipeline owner in $4.2 Million of contract balance, change order, defect, and lien claims.
  • Represented pipeline contractor in $3.4 Million in mechanics’ lien claims on natural gas pipeline project spanning two states.
  • Represented pipeline contractor in $3.2 Million of change order and extended general conditions claims resulting from differing site conditions on natural gas pipeline project.
  • Represented contractor in $2 Million of claims against department of transportation for differing site conditions and constructive changes.
  • Represented sports development company in claims of $2.8 Million against city for redevelopment services for stadium in south Florida.
  • Represented healthcare facility development and consulting company in disputes over $1.5 Million in unpaid development costs and fees for ambulatory care center and medical office building project.
  • Represented steel framing subcontractor who had provided exterior wall panels in construction defect disputes arising from water infiltration caused by failure in EIFS system at multi-story apartment development.
  • Represented general contractor in respect to qui tam and other claims arising from unlicensed subcontractor work on university project.
  • Represented designer in disputes arising from defective foreign fittings at fuel line installation project at airport.
  • Represented contractor in claims asserted by department of transportation for alleged defects in bridge coating systems.
  • Represented low voltage cable supplier in lien, payment bond, and contract claims, and in respect to bankruptcy related issues, on public and private projects in multiple states.
  • Represented landscape company in claims for work arising out of installation of irrigation system at the Washington Monument.
  • Represented owners in defect and warranty disputes at multifamily residential developments in multiple states.
  • Represented contractor in successful bid protest for municipal parking garage project.
  • Represented general contractor in successful court challenge to arbitration award issued in connection with disputes over retail center construction project.
  • Represented steel fabricator in litigated delay and backcharge claims for bridge construction project, and arbitrated supply delay and quality disputes with steel manufacturer.
  • Represented ceiling and partition subcontractor in conditional payment clause dispute arising from construction of facilities at a club and spa project.
  • Represented excavation contractor in contract and public lien claims on school construction project.
  • Represented contractor in bad faith claims against surety.
  • Represented material supplier in payment bond claims for laboratory construction project owned by public university.
  • Represented owner of apartment development project in disputes with contractor over changes, delays, and defects.
  • Represented contractor in proceedings before the Department of Commerce regarding alleged failure to pay fringe benefits.
  • Represented supplier in public lien claims for work provided for university library renovation project.
  • Represented stucco subcontractor on conditional payment clause claim disputes on retirement community project.
  • Represented underground utility company in bid protest for water main installation project for county and port authority.
  • Represented painting contractor in contract claims against university.
  • Represented modular construction company in disputes arising from construction of a performing arts center project, and in disputes about change orders and wrongful termination from construction of parking garage project.
  • Represented mechanical contractor in bid protest with County owner of ballpark construction project.
  • Represented precast concrete supplier in numerous contract, payment bond, and lien claims.
  • Represented HVAC supplier in contract, unjust enrichment, and payment bond disputes for work on retirement community project.
  • Represented contractor in defense of asphalt subcontractor claims on Interstate 81 project in West Virginia.
  • Represented rough carpentry subcontractor in claims against developer of student apartment projects in multiple states.
  • Represented general contractor in coverage dispute with CGL liability insurer over claims for wind damaged lighting poles at stadium project.
  • Represented non-profit owner in disputes with architectural firm arising from defects in stucco and masonry work on historic building.
  • Represented owner of auto mart project in claims for additional work asserted by site contractor and owner claims for property damage.
  • Represented project designer in relation to differing site condition claims asserted by general contractor on municipal pump station project.
  • Represented commercial retailer in lien and unjust enrichment claims asserted by subcontractors and suppliers after general contractor went out of business.
  • Represented insurer in subrogation claims against mechanical engineering firm for indemnity for losses arising from oversized HVAC systems for condominium and townhome project.
  • Represented homeowners in defect, delay, warranty, Home Solicitation Sales Act, and Home Construction Services Act claims against contractors.
Publications
Presentations
  • Construction Disputes: Effective (and Practical) Legal Negotiation Strategies; NBI; July 2014
  • Construction Defect Litigation: From A to Z; NBI; November 2014
  • Construction Disputes: Effective (and Practical) Legal Negotiation Strategies; NBI; October 2014
  • The Housing Fallout – Are We Going to Extra Innings; William J. O’Neill Great Lakes Regional Bankruptcy Institute; May 2014
  • Construction Defect Litigation: From A to Z; NBI; March 2013
  • Building Codes (National Teleconference); NBI; January 2013
  • OFCC and Construction Reform; Central Ohio ABC; December 2012
  • OFCC and Construction Reform; Builders Exchange; October 2012
  • Construction Defect Litigation: From A to Z; NBI; September 2011
  • A Practical Guide to Construction Liens; NBI; December 2010
  • Construction Defect Litigation: From A to Z; NBI; September 2010
  • Masters Institute on Ohio Construction Law; Tools for Success; 2010
  • Developments in Ohio Construction Law; Ohio State Bar Association; March 2010
  • Avoiding Building Code Violations; NBI; December 2008
  • The Law of Military Leave for Corporate Counsel: SERRA; Co-ACCAD; 2003
Distinctions
  • Selected for inclusion in The Best Lawyers in America© 2021 in the fields of Construction Law and Litigation-Construction
  • 2001 National Appellate Advocacy Competition (ABA) Quarterfinalist
  • CALI Award—Property
  • CALI Award—Estates & Trusts
  • CALI Award—Law & American History
  • CALI Award—Criminal Procedure
  • Order of the Barristers

Professional and Civic

Professional Associations

  • Builders Exchange of Central Ohio
  • Associated General Contractors of Ohio, Legislative Committee Member
  • Past Chair, Ohio State Bar Association Construction Law Committee

Professional Activities

  • Research Editor • Capital University Law Review 2001-2002
  • Staff Member • Capital University Law Review 2000-2001
News