Jesse R. Lipcius
Associate
At a Glance
Jesse is a litigator, focused on resolving disputes in the construction, real estate and business environments.  He represents a wide array of clients in those and other practice areas. Jesse is a LEED Green Associate.
Education
George Mason University (B.S., 2001)

University of Dayton School of Law (J.D., 2004)

Practices/Industries
Areas of Concentration
  • Commercial Litigation
  • Construction Litigation
Representative Experience
  • Representation of subcontractors with entitlement claims concerning work on federal projects.
  • Served as Owner's Designee for evaluation of potential claims related to construction of graphite processing facility.
  • Representation of surety in quia timet action against principals under bonds for neighborhood developments issued in excess of $500,000.00. 
  • Representation of owner of indoor water park against construction manager and specialty contractor involving claims for deficient construction in excess of $500,000.00.
  • Representation of employer enforcing covenants not to compete and non-disclosure of proprietary information in the fire protection sales and services industry. 
  • Evaluated potential site conditions claim of commercial subcontractor in substantial city revitalization project.
  • Defense of principal contractor against subcontractor entitlement claim in excess of $1MM.
  • Representation of principal contractor in suit involving principal contractor claim of nearly $1MM and owner claim of nearly $500K.
  • Representation of commercial subcontractor with $700+K lien against public fund and large mixed-use commercial/retail center in Ohio.  Case involves priority, change order and general contractor negligence issues.
  • Defense of one of our nation's largest specialty concrete construction companies in Fair Housing Act case.
  • Representation of commercial subcontractor with $350+K liens against two large commercial shopping centers.
  • Defense of Fortune 500 commercial contractor in multiple worksite injury claims.
  • Defense of commercial subcontractor in Occupational Safety and Health case involving an employee death, including an appeal in the United States Court of Appeals for the Sixth Circuit.
  • Defense of commercial subcontractor in worksite wrongful death case.
  • Defense of commercial subcontractor in worksite catastrophic injury case.
  • Defense of homeowner against lien claims of $90+K.
  • Representation of homeowner in case involving significant property damage and personal injury due to public construction project.
  • Preparation of mechanic’s liens for nationwide commercial construction materials supplier.
  • Defense of commercial and residential contractors against construction defect claims.
  • Representation of broker with significant claims arising from a stock purchase transaction commercial, ocean-front real estate in Costa Rica.
  • Defense of Bank and its principals against claims to invalidate $1.4MM debt relating to allegedly mismanaged construction loan.
  • Representation of Mall owner in suit involving claims for $13MM against commercial tenant.
  • Representation of commercial tenant with claims against landlord for improvements to property in excess of $5MM.
  • Lead counsel in construction and litigation matters, including jury trials, administrative proceedings, briefs, and arguments.
  • Consistent practice from the first chair in front of Ohio's state and federal courts, including the United States Court of Appeals for the Sixth Circuit.   
  • Prepares and perfects mechanic's liens in the residential, commercial, and public sides of construction.  
Certifications
LEED Green Associate
Honors/Distinctions

Named an "Ohio Super Lawyer Rising Star" in a survey of Ohio lawyers by Law & Politics magazine (2009, 2012)

Publications/Presentations

Publications

"Construction Lawyers Should Understand 'Net Zero' -- Green Building's Pinnacle of Sustainability" (Ohio Association of Civil Trial Attorneys, Quarterly Review, Construction Litigation Committee, Spring 2011)

Presentations

"Determining the Correct Prevailing Wage: State and Federal Projects in Ohio," Lorman Education Services (September 2011)

"LEED® For Schools: Ohio's Commitment to Sustainability," Ohio Association of School Business Officials 2011 Annual Workshop (April 2011)

"Green Construction Overview," 18th Annual Bradley J. Schaeffer Real Property Institute, Real Estate 2010: New Directions, Continuing Trends, Ohio State Bar Association (December 2010)

"Fair Housing Act Awareness for the Construction Industry,” 2010 Annual Meeting of the Ohio Association of Civil Trial Attorneys (November 2010)

"The Nuts and Bolts of Green Building,” 2010 Annual Meeting of the Ohio Association of Civil Trial Attorneys (November 2010)

Professional Affiliations

American Bar Association (Tort Trial & Insurance Practice Section; Fidelity and Surety Law Committee; Forum Committee on the Construction Industry)

Ohio State Bar Association

Ohio Association of Civil Trial Attorneys (Vice Chair of Construction Law Committee)

DRI

National Association of Homebuilders 

Cincinnati Bar Association (Co-chair of Construction Law Committee)
Community Involvement

Dohn Community High School (Board of Directors 

Cincinnati Bar Association (Vice Chair of Construction Law Committee)

United States Green Building Council (Cincinnati Regional Chapter)

Ohio Supreme Court's Lawyer to Lawyer Mentoring Program (Mentor)

Teen Challenge Cincinnati (Volunteer)

Admissions

State of Ohio

State of Illinois

Commonwealth of Kentucky

U.S. District Court, Southern District of Ohio

U.S. District Court of Appeals, Sixth Circuit

U.S. District Court, Northern District of Ohio