Jesse R. Lipcius

Partner


Jesse is a litigator, licensed in Ohio, Kentucky, and Illinois. His practice focuses on resolving disputes in the construction, real estate, employment, and financial services environments. He represents many different clients, ranging from publicly traded companies to specialty construction contractors. Jesse has been named to the Ohio Super Lawyers Rising Stars list.

Education & Admissions

Education

  • George Mason University

    (B.S., 2001)

  • University of Dayton School of Law

    (J.D., 2004)

Admissions

  • State of Ohio
  • State of Illinois
  • Commonwealth of Kentucky
  • U.S. District Court of Appeals, Sixth Circuit
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Kentucky
  • U.S. District Court, Western District of Kentucky
  • U.S. District Court, Northern District of Illinois

Experience

REPRESENTATIVE EXPERIENCE

  • Obtained judgment as a matter of law for surety against indemnitor for over $1,700,000.00 after indemnitor contested liability for surety’s costs and expenses incurred while completing municipal construction project and settling claims in Cook County, Illinois.
  • Received summary judgment and significant award of money damages for client/manufacturer of industrial expansion joints against former sales representative who initiated litigation, seeking several hundred thousand dollars of alleged back commissions.
  • Representation of developer of multi-million dollar mixed-use commercial development against contractor with lien, contract, and quasi-contract claims of several hundred thousand dollars.
  • Received summary judgment for bank sued by former customer asserting claims of fraud and wrongful foreclosure/robo-signing.
  • Received summary judgment for client and successfully defended appeal against former customers asserting consumer sales practices violations.
  • Represented our nation’s largest specialty concrete contractor in arbitration against material supplier with claims for non-payment.
  • Received summary judgment for bank against former customer asserting claims under the Fair Credit Reporting Act.
  • Obtained summary judgment in favor of national banking association and against plaintiffs alleging that bank interfered with significant inheritance and breached trust/fiduciary duties.
  • Successful defense of claimant’s request for injunctive relief against financial services provider.
  • Prosecution of Miller Act claims against general contractor and surety.
  • Representation of subcontractors with entitlement claims concerning work on federal projects.
  • Represents a specialty concrete contractor in a claim in excess of $1.2 million involving delay and scope of work on public airport project.
  • 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 $500K.
  • Representation of owner of indoor water park against construction manager and specialty contractor involving claims for deficient construction in excess of $500K.
  • Evaluated potential site conditions claim of commercial subcontractor in substantial city revitalization project.
  • Defense of principal contractor against subcontractor entitlement claim in excess of $1 million.
  • Representation of principal contractor in suit involving principal contractor claim of nearly $1 million and owner claim of nearly $500K.
  • Representation of commercial subcontractor with $700K 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 $350K 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 Administration (OSHA) 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 $90K.
  • 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 $1.4 million debt relating to allegedly mismanaged construction loan.
  • Representation of Mall owner in suit involving claims for $13 million against commercial tenant.
  • Representation of commercial tenant with claims against landlord for improvements to property in excess of $5 million.
  • 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.

Publications & Presentations

Publications

  • “Update Concerning Cincinnati’s Bidding Requirements For MSD Construction Project,” Ulmer & Berne LLP, Client Alert (January 2014)
  • “Cincinnati Changes Bidding Requirements Concerning Sewer District, Storm Water, and Water Works Construction Projects,” Ulmer & Berne LLP, Client Alert (May 2013)
  • “Trial Court Rules That Ohio’s Statute of Repose Does Not Apply to University of Cincinnati’s Construction Claims,” Ulmer & Berne LLP, Client Alert (February 2013)
  • “Five Points to Consider When Leasing Construction Equipment,” ACC Lexology (June 2012)
  • “Green Building Law Part I: Getting Acquainted With Net Zero” Defense Research Institute, The Critical Path: The Newsletter of the Construction Law Committee, Volume 15, Issue 1 (February 2012)
  • “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

  • “Contract Primer for Engineers”  HalfMoon Education: Engineering Law and Ethics – Cincinnati, OH (June 2017)
  • “Construction Law: What do You do When…?” National Business Institute (NBI) Seminar (March 2017)
  • “If I Build It, You Will Pay: Construction Claims and Coverage Issues,” 38th Annual Real Estate Institute – Cleveland Metropolitan Bar Association (November 2016)
  • “Construction Defects: Evaluating the Strengths and Weaknesses of a Construction Defect Claim,” National Business Institute (December 2015)
  • “Understanding Key Project Issues and How to Manage Them,” Ulmer & Berne and Construction Process Solutions, Ltd. (October 2015)
  • “Common Claims v. Enginners,” FoxMoor/HalfMoon “Managing Engineering Risk and Ethical Issues” Continuing Education Seminar (September 2015)
  • “Mechanic’s Liens – Preserve Your Rights and Get Paid,” Associated Builders and Contractors, Inc., ABC Legal Day (June 2015)
  • “Indemnity Provisions: Is the Subcontractor Responsible? What About the Design Professional?,” Construction Defect Litigation: From A to Z (November 2014)
  • “Public Lien Law in Ohio,” Lorman Education Services (June 2014)
  • “Resolving Disputes During the Construction Process,” Allied Construction Industries (February 2014)
  • “Evidence and Expert Testimony Best Practices: Supporting Your Case,”  National Business Institute (October 2013)
  • “Determining the Correct Prevailing Wage: State and Federal Projects in Ohio,” Lorman Education Services (September 2011; October 2013)
  • “Hidden Obstacles in Ohio’s Statutes Applicable to Construction Cases,” Ohio Association of Civil Trial Attorneys (“OACTA”) Construction Litigation Committee “Lunch and Learn” (June 2013)
  • “Ethical Considerations in Construction Cases—Staying on Track and Out of Trouble,” National Business Institute, Construction Defects Liability in Ohio (November 2012)
  • “Overview of Ohio’s Public Construction Reform,” Ohio State Bar Association’s Annual Convention, Cincinnati, Ohio (May 2012)
  • “Transactional Issues in Commercial Construction and Real Estate Law,” Guest Lecturer, University of Cincinnati School of Law (April 2012)
  • “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)

Involvement

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 (Co-Chair, Construction Litigation Committee)
  • DRI—The Voice of the Defense Bar
  • National Association of Homebuilders
  • Cincinnati Bar Association (Co-Chair of Construction Law Committee)
  • Surety Claims Institute

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 (Board of Directors)

Honors

HONORS

  • Named to The Best Lawyers in America, Construction Law; Litigation – Construction (2018; 2019)
  • Named to the Ohio Super Lawyers Rising Stars list (2009; 2012-2017)
  • LEED© Green Associate (Green Building Certification Institute, May 2011-May 2012)

Personal

Baseball, our national pastime, has always been a major part of Jesse’s life. Having played the sport through his college years, baseball took Jesse all over the United States and exposed him to many different regions and cultures. That experience helps Jesse understand how to address courts, mediators, arbitrators, and potential jury pools when litigation arises for clients in a foreign locality.  However, Jesse’s biggest challenge (and accomplishment) in baseball has been coaching his daughter’s t-ball team, primarily keeping the team focused on fundamentals instead of playing “ring around the rosie.”