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Construction Law Practice Chair
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Practice Concentration
Services include representing owners, contractors, and design professionals in the negotiation of construction-related contracts and the resolution of construction-related disputes.
Representative Experience
Other Professional Experience
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Ohio Air National Guard (1985-1991) |
Education
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The Ohio State University (B.S. Architecture, 1990) |
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Capital University Law School (J.D., order of the curia, 1995) |
Bar Admissions
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U.S. District Court, Southern District of Ohio |
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U.S. Court of Appeals, Sixth Circuit |
Professional Memberships and Community Service
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Columbus Bar Association, Construction Law Committee |
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Ohio State Bar Association, Construction Law Committee |
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American Bar Association, Forum on the Construction Industry |
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American Institute of Architects |
Speeches and Publications
Representative Experience
Educational, Institutional, and Church Construction Projects
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Ohio Peace Officer Training Academy, Tactical Training Center. As Special Counsel to the Ohio Attorney General, represented the Attorney General in connection with disputes arising from the design-build construction of the Tactical Training Center in London, Ohio. |
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Bureau of Criminal Identification and Investigation, Ohio Peace Officer Training Academy. As Special Counsel to the Ohio Attorney General, represented the Attorney General in connection with disputes arising from the design-build construction of the forensics laboratory and training facility in Richfield, Ohio. |
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Columbus Public Schools, OSFC Facilities Improvement Program. On behalf of Columbus Public Schools, adapted the Ohio School Facilities Commission’s standard documents for use on CPS's $1.5 billion capital improvements program through OSFC. |
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New Private School. On behalf of a private school, negotiated and drafted the owner's representative and design contracts and the construction contract for the School's invitation-only construction-procurement process. |
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Construction Manager — Retirement Community Dispute. Represented the construction management joint venture in its termination of the construction management contract on a development of a new retirement community. The dispute ultimately settled through mediation. |
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Howard L. Collier Nursing & Allied Health Building for the Medical College of Ohio at Toledo. Represented the project's architect in defense of a subrogation claim from the general contractor's general liability insurer. The trial court granted summary judgment in favor of the architect on all counts. |
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New Long-term Care Facility. On behalf of a private client, negotiated and drafted design and construction management contracts. The construction management contract included a target-price financial arrangement. |
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New Church. On behalf of the congregation, negotiated and drafted design and construction management contracts. |
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Columbus Public Schools, New Linden Elementary School — Dispute Resolution. On behalf of Columbus Public Schools, negotiated the replacement of a defaulting prime contractor. The negotiations involved the replacement contractor and the defaulting contractor's performance surety. |
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New Skilled Nursing Facility. On behalf of a private client, negotiated and drafted a completely proprietary design-build contract, which very aggressively challenged common risk allocations and provided for an early guaranteed maximum price. |
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New Student Housing. On behalf of University Housing Corporation, negotiated the development agreement for the construction of a new student-housing complex at Youngstown State University. |
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Columbus Public Schools, New Linden Elementary School — Contracts. On behalf of Columbus Public Schools, adapted the Ohio School Facilities Commission’s standard contract documents for CPS's use without OSFC's involvement in the project. |
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Columbus Public Schools, Limited Scope Projects. On behalf of Columbus Public Schools, prepared form contracts for the design and construction of limited-scope projects. |
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Belmont Correctional Institute. On behalf of a prime general trades contractor, drafted the trial and appellate briefs in a case in which the contractor ultimately recovered $1.3 million in damages suffered on the project. The appellate decision is reported at Sherman R. Smoot Company of Ohio v. State of Ohio (Franklin Cty. 2000), 136 Ohio App.3d 166, 736 N.E.2d 69. |
Utilities, Transportation, and Infrastructure
Construction Projects
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Willow Island Hydroelectric Power Project. Construction counsel to the owner for the design and construction of this new 35 mega-watt hydro facility at the Willow Island Locks and Dam on the Ohio River. |
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Smithland Hydroelectric Power Project. Construction counsel to the owner for the design and construction of this new 72 mega-watt hydro facility at the Smithland Locks and Dam on the Ohio River. |
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Cannelton Hydroelectric Power Project. Construction counsel to the owner for the design and construction of this new 83 mega-watt hydro facility at the Cannelton Locks and Dam on the Ohio River. |
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Columbus Regional Airport Authority, Form Contracts. On behalf of the Airport Authority, updated existing and prepared new form design, construction, construction management, and design-build contracts and front-end documents for various contracting arrangements. |
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State Architect of Ohio, Form Contracts. As Special Counsel to the Ohio Attorney General, drafted Ohio’s new general conditions to the design-bid-build construction contract for use on public projects administered through the Ohio Department of Administrative Services. |
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St. Albans Township Firehouse, Licking County, Ohio. Represented the Township in the replacement of the defaulting general trades contractor and the associated re-start of the project without litigation. The negotiations involved the defaulting contractor and the defaulting contractor's performance surety. The re-start involved procurement of a replacement general trades contractor through an exception to public bidding requirements. |
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Chemical Manufacturing Facility. Represented a specialty design-build contractor in connection with the resolution of multiple claims from the project's owner and the project's primary subcontractor. |
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City of Green Sewer Improvements. On behalf of the Summit County Port Authority, prepared the publicly bid trade contracts including the front-end documents. Also negotiated and drafted a specialty consulting agreement whereby the Port Authority hired a private developer to serve as the Port Authority's representative to the project. |
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U.S. branch of an international hydropower-equipment company. On behalf of the private client, prepared standardized documents for subcontracting, purchasing materials and equipment, purchasing professional services, supplying materials and equipment, and providing professional services. |
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U.S. branch of an international hydropower-equipment company. On behalf of the private client, negotiated and drafted a $130-plus million design-build contract for the client's first U.S. installation of a new type of hydropower machinery at two different dams. |
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Columbus Regional Airport Authority, C Concourse Expansion. On behalf of the Airport Authority, designed a proprietary project-delivery system, which was a hybrid of the traditional design-bid-build, design-build, and agency construction management delivery systems. Also drafted the trade contracts, which contained a number of features designed to meet the Airport Authority's goal of fostering the successful participation of small and disadvantaged construction companies. |
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Belleville Hydroelectric Power Project. On behalf of the U.S. branch of an international hydropower-equipment company, planned and managed the client's discovery and trial preparation in connection with a $100 million lawsuit brought by the surety of the project's general contractor. Also participated in negotiating and drafting the multi-party settlement agreement that ended the dispute. |
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Columbus Regional Airport Authority, Terminal and Garage Expansion Project. On behalf of the Airport Authority, provided construction counsel in defense of a prime contractor's $5 million claim which was settled through mediation. |
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Summit County, Ohio. On behalf of the County, prepared new form design and construction contracts to fulfill the County's need for an updated and coordinated set of agreements flexible enough to be used on a wide-range of construction projects and with or without a design professional's involvement. |
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Specialty Subcontractor. Negotiated the subcontractor's continued performance on a public project after the default of an upper-tier prime contractor. The negotiations involved the replacement contractor and the defaulting contractor's performance and payment surety. |
Commercial Building, Development, and Condominium Construction Projects
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Corporate Headquarters. On behalf of a private corporation, negotiated and drafted the owner's representative, design, and construction management contracts for the construction of a 100,000 square-foot office building. The construction manager’s contract included a pre-bid negotiated guaranteed maximum price. The project is expected to be certified LEED Silver. |
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Loft Condominium. Represented a private real estate developer in the prosecution and defense of construction-related claims arising from the conversion of a former industrial building into a mixed-use condominium project. The dispute was settled through mediation. |
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Downtown Residential Condominium. On behalf of a private developer, negotiated and drafted the construction management contract for the construction of a "new loft" style residential condominium development. |
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Grandview Residential Condominium. On behalf of a private developer, negotiated and drafted the design and construction management contracts for a new “mid-rise” residential condominium development. |
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Short North Residential Condominium. On behalf of a private developer, negotiated and drafted the design and construction management contracts for a new residential condominium development. |
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General Contractor. On behalf of a large, privately held general construction company, prepared standardized documents for subcontracting, purchasing materials and equipment, purchasing professional services, and supplying materials and equipment. |
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Adaptive Reuse of Historic Manufacturing Facility. On behalf of a private developer, negotiated and drafted the owner's representative, design, and construction management contracts for the construction of a mixed-use condominium development. The construction management contract included a guaranteed maximum price. |
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Shopping Center Developer. On behalf of a private developer, prepared a series of design and construction contracts for the development of a 40-plus acre shopping center located in Central Ohio. Also provided construction counsel in connection with the resolution of related disputes. |
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Renovation of Existing Shopping Center. On behalf of a private developer, negotiated and drafted the owner's representative, design, and construction management contracts. |
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Private Condominium Association. On behalf of the homeowners’ association, negotiated the developer's replacement of the defective brick veneer and the correction of related construction defects on nearly 40, four-unit residences. |
Civic, Cultural, and Sports Facilities Construction Projects
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Columbus Zoo and Aquarium. Construction counsel to the Columbus Zoo in connection with the Zoombezi Bay, Jungle Jack’s Landing, New Entry, and Polar Frontier projects, including negotiating and drafting the related design, construction, design-build, and construction management contracts. |
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Columbus Clippers. On behalf of the Clippers, negotiated and drafted the owner's representative, design, and construction management contracts for Huntington Park. |
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Akron Art Museum Addition and Alteration. On behalf of Coop Himmelb(l)au, Prix & Swiczinsky, GmbH, ("CHBL"), the Austrian design firm selected to design the project, negotiated and drafted the contract between CHBL and the local architect and the contract between the project owner and the local architect. |
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Akron Civic Theatre. On behalf of the Summit County Port Authority, negotiated and drafted the construction contract for the renovation of the Civic Theatre. The contract was a three-party agreement between (a) a public authority, which owns the project and provided most of the funding; (b) a non-profit organization, which occupies the project and alone held the contract with the architect; and (c) a construction manager, which provided a guaranteed maximum price and held all of the publicly bid trade contracts. |
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Liberty Township, Delaware County, Ohio. On behalf of the Township, prepared all of the contracts related to the design, construction management, and construction of the Township's new community center. The construction management agreement included a pre-bid negotiated guaranteed maximum price. |
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Columbus Blue Jackets. On behalf of the Blue Jackets, negotiated and drafted the numerous construction and design-build contracts for the interior build-out of Nationwide Arena. |
Public Speaking
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AIA Document A201-2007, Significant Changes From 1997, seminar presented through the Columbus Chapter of the American Institute of Architects, February 5, 2008. |
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Construction Contract Issues, seminar presented to the Ohio Prosecuting Attorneys Association, Summer 2006. |
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Advanced Construction Contracting, seminar presented through the Builders Exchange of Central Ohio, July 29 and 31, 2003. |
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Project Manager Training, in-house program presented to a client's staff, February 25 and 26, 2003. The client is the U.S. branch of an international hydropower-equipment company. |
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Construction Contracting 101, seminar presented through the Builders Exchange of Central Ohio, February 18, 2003. |
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Ohio Mechanics' Lien Law, seminar presented through National Business Institute, November 19, 2002. |
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Construction Documents and Services, seminar presented through the Ohio Chapter of the American Institute of Architects, October 19, 2002. |
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The Basics of Project Delivery Systems, seminar presented through the Ohio Chapter of the American Institute of Architects, October 11, 2002. |
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Design-Build and Construction Management, seminar presented through Lorman Education Systems, September 5, 2002. |
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The Owner, the Architect, and the A201, seminar presented through the Columbus Chapter of the American Institute of Architects, August 16, 2002. |
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Advanced Construction Contracting, seminar presented through the Builders Exchange of Central Ohio, July 16 and 18, 2002. |
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Ohio Mechanics' Lien Law, seminar presented through the Ohio State Bar Association, April 12, 2002. |
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Introduction to Construction Contracting, seminar presented through the Builders Exchange of Central Ohio, February 26, 2002. |
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Construction Law Case Studies, seminar presented through the Builders Exchange of Central Ohio and the Columbus Chapter of the American Institute of Architects, January 31, 2002. |
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Construction Contract Clauses in Ohio, seminar presented through National Business Institute, December 12, 2001. |
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The Economic Loss Rule and Insurance and Contract Considerations for Design-Build, seminar presented as part of Mechanics' Liens and Hot Construction Topics, which was sponsored by Professional Education Systems, Inc., December 7, 2001. |
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What is ADR and is it Right for You?, seminar presented through the Columbus Chapter of the American Institute of Architects, November 7, 2001. |
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Design-Build and Construction Management, seminar presented through Lorman Education Systems, September 18, 2001. |
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Advanced Construction Contracting, seminar presented through the Builders Exchange of Central Ohio, August 13 and 15, 2001. |
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Design-Build Dynamics, seminar presented through the Builders Exchange of Central Ohio, March 22, 2001. |
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Construction Contracting 101, seminar presented through the Builders Exchange of Central Ohio, March 5, 2001. |
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Ohio Mechanics' Lien Law for Subcontractors, in-house program presented to a client's staff, February 2, 2001. The client is a large HVAC consolidator with locations throughout the Midwest. |
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The Economic Loss Rule and Insurance and Contract Considerations for Design-Build, seminar presented as part of Mechanics' Liens and Hot Construction Topics, which was sponsored by Professional Education Systems, Inc., December 8, 2000. |
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The Expanding Realm of the Architecture Profession, panel discussion presented through the Columbus Chapter of the American Institute of Architects, June 16, 2000. |
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Mechanics' Lien Law and Strategies in Ohio, seminar presented through National Business Institute, May 24, 2000. |
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Claims and Dispute Resolution Under AIA A201-1997 General Conditions of the Contract for Construction, seminar presented through the Ohio Chapter of the Associated General Contractors, April 7, 2000. |
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The Construction Administration War, seminar presented through the Builders Exchange of Central Ohio and the Columbus Chapter of the American Institute of Architects, March 16, 2000. |
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Sole-Source Specifications and Or-Equal Clauses, panel discussion presented through the Columbus Chapter of the Construction Specifications Institute, January 10, 2000. |
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The Economic Loss Rule and Insurance and Contract Considerations for Design-Build, seminar presented as part of Mechanics' Liens and Hot Construction Topics, which was sponsored by Professional Education Systems, Inc., December 10, 1999. |
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The AIA Contract Documents: 1997 Edition and The Economic Loss Rule, seminar presented as part of Mechanics' Liens and Hot Construction Topics, which was sponsored by Professional Education Systems, Inc., December 11, 1998. |
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Professional Ethics for Architects, lecture presented at The Ohio State University Graduate School of Architecture, October 27, 1998. |
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AIA Contract Documents: B141 Owner-Architect Agreement and A201 General Conditions of the Contract for Construction, lecture presented at The Ohio State University Graduate School of Architecture, March 5, 1998. |
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The 1997 Updated AIA Contracts, seminar presented through the Columbus Chapter of the American Institute of Architects, December 1997 and January 1998. |
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The 1997 Updated AIA Contracts, seminar presented to the Builders Exchange of Central Ohio, December 1997 and January 1998. |
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What Young Architects Need to Know About Using a Lawyer, seminar presented through the Columbus Chapter of the American Institute of Architects, September 1997. |
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The Two "Ps" of Construction: Professional Services and Prevailing Wages, seminar presented at the Treasurers' Clinic of the Ohio School Boards Association, June 1997. |
Professional Publications
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Avoid Outdated and Unachievable Insurance Requirements, construction-related article published in July 2003. |
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SPR is B-A-D for Architects and Construction, editorial published in the Daily Reporter on January 24, 2002, and Business First on February 1, 2002. |
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Recent Developments in Construction Law, paper presented to the Ohio Structural Steel and Architectural Metals Association, January 26, 2001. |
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Interesting Contract Issues Part of Design-Build Process, article published in Business First, June 2, 2000. |
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Options for Design-Build Contracting, article published in Construction Law Quarterly, 1999. |
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A New Choice for Design-Build Contracting, article published in the Daily Reporter, May 11, 1999. |
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Recent Developments in Construction Law, paper presented to the Ohio Structural Steel and Architectural Metals Association, January 1999. |
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Insurance and Contract Considerations for Design-Build, paper presented to the Columbus Bar Association, Real Property Institute, February 6, 1999. |
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Economic Concerns Regarding the AIA A201-1997 General Conditions of the Contract for Construction, paper presented as part of the Construction Industry Conference sponsored by the Ohio Society of Certified Public Accountants and the Builders Exchange of Central Ohio, November 1998. |
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The New "Fairness in Construction Contracting" Law, article published in CSI Comment (publication of the Columbus Chapter of the Construction Specifications Institute), October 1998. |
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AIA Contract Documents: Regrading the Playing Field, article published in Construction Law Quarterly, Fall 1998. |
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Payment in Full Checks, article published in CSI Comment (publication of the Columbus Chapter of the Construction Specifications Institute), August 1998. |
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Recent Developments in Construction Law, paper presented to the Ohio Structural Steel and Architectural Metals Association, July 1998. |
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