Education

• University of Notre Dame

  (B.S. Electrical Engineering, 1978)

• University of Notre Dame Law School

  (J.D., 1981)

Admissions

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

Construction Cases

• Representing a Florida-based national engineering firm in defense of a $70 million claim for an allegedly defective design of a roadway and retaining wall.
• Representing a Montana-based design/builder in defense of a $14 million claim of defective design and installation of two utility substations.
• Representing a design/builder in $2 million collapse of a retaining pond for a very large Kentucky warehouse project.
• Representing a large, Midwest developer in a number of pre-suit negotiations regarding allegedly deficient construction of several projects over $30 million.
• Representing an architectural firm in a $30 million claim for deficient construction of 42 townhomes.
• Representing an Ohio-based structural engineering firm in a $5 million claim for defective design.
• Representing an architectural firm in a $7 million lawsuit surrounding the allegedly defective design of a non-lethal security fence surrounding an Ohio prison.
• Representing an architectural firm in defense of a $2 million claim for defective design of a thin brick facade design on a major university classroom building.
• Representing a design/builder of food processing facilities in construction projects throughout the United States, with projects ranging from $2 million to $10 million.
• Representing a large solar company in various large-scale solar installations across the United States, including claims of large-scale deficient installation allegedly causing tens of millions of dollars in damages.
• Representing a Cincinnati-based design/builder regarding a $2.5 million delay and liquidated damage claim in Pittsburgh, PA project.
• Representing an inspection/construction company in $2.5 million claim for allegedly deficient inspection/construction of smokestack used to discharge byproducts of a cement processing plant in Puerto Rico.
• Representing a condominium association in a $2.0 million dispute with contractor regarding deficient construction of a 13-story condominium building.
• Representing the owner of a historic church and bell tower structure in response to city-administrative order to demolish the structure.
• Representing an engineering firm and an architectural firm in a $1.9 million design and delay claim surrounding construction of a hospital.
• Represented an Ohio-based design/builder in Oklahoma litigation in defense of a $10 million claim for deficient design and construction of an industrial processing facility in Oklahoma.
• Represented a Cincinnati-based architectural firm in a $1 million claim for allegedly deficient HVAC design in tenant fit-out conversion of retail space.
• Represented a New York-based national engineering/architectural firm in litigation involving the adequacy of the design of “scour protection” around railway bridge piers in a river stream that was altered by the upstream removal of a dam. The railway bridge settled into the riverbed six inches, with alleged damages in excess of $12 million.
• Represented a California-based design/builder of a dehumidification system for a marijuana “grow facility” in Denver, Colorado, with alleged damages of over $3 million.
• Represented an oil and gas production company in a fatality caused by the allegedly deficient design and construction of a fracking facility, where the victim was burned alive.
• Represented an architectural firm in the failed construction of a mixed-use, 20-story structure, which allegedly caused over $75 million in damages.
• Represented an architect and structural engineer in the $30 million partial collapse of an existing, in-use, four-story, 100-year-old school building allegedly caused by negligent plans and designs of new, adjacent construction.
• Represented the owner of a 10-story, $15 million hotel with defectively installed EIFS panel joints, which caused the Health Department to close the hotel for almost a year because of moisture and mold contamination.
• Represented a general contractor against allegations of defective construction of a $4.2 million, eight-story, Florida home, whose construction allowed water and mold to so infiltrate the structure that it was no longer inhabitable. This matter was resolved in pre-suit mediation (that we initiated) involving the owner, the designer, and relevant subcontractors, with the general contractor recovering 90% of the cost to repair.
• Represented a civil engineering firm in a landslide case involving the damage/destruction of six homes.
• Represented a general contractor in claims of defective construction of a Florida hospital.
• Represented a national home builder in the fatal collapse of a 25-foot deep trench during construction.
• Represented a contractor in a $6 million hotel rehab lawsuit.
• Represented an architectural firm in a $6 million claim for unrepairable ice damage to the internal workings of 32 rooftop units in a geothermal HVAC design.
• Represented a major state university in a suit against a contractor for deficient construction, which caused damages in excess of $5 million.
• Represented an architect and civil engineering firm in a design that allegedly breached the ADA.
• Represented an engineering company in the alleged negligent design of a glass manufacturing facility bag house, which caused over $3 million in damages.
• Represented a structural engineer in a $2.5 million claim for deficient design of 12-story hospital building.
• Represented building owners in a $2.2 million claim against a general contractor for the defective construction of a $4.2 million medical office building.
• Represented an architect in the allegedly defective construction of a $2.2 million home by facilitating suit against the home builder and not the architect.
• Represented the nation’s largest specialty concrete company in a $2 million arbitration case involving the construction of a steel manufacturing plant in a southern state.
• Represented a greenhouse designer and builder against a $2 million claim, which alleged that a negligent design caused five acres of greenhouses to collapse under snow load.
• Represented an engineering firm against a $2 million claim for the allegedly defective design of a data center’s cooling system.
• Represented an architect in a $2 million acceleration and delay claim by a subcontractor on a signature design building in downtown Cincinnati.
• Represented a subcontractor in a $2 million claim of defective window and wall installation.
• Represented an Ohio architectural firm and its sub-consulting structural engineer, regarding allegedly defective structural engineering design “discovered” by the owner’s consultant during the construction of a $40 million high school. The claim exceeded $1.5 million.
• Represented a civil engineer against allegations of negligently causing two landslides and over $1 million in damages.
• Obtained summary judgment for the nation’s largest specialty concrete company in a multimillion-dollar Fair Housing Act case, succeeding on appeal in the 6th Circuit.
• Secured summary judgment for an architectural firm against allegations of defective design of an outdoor athletic facility.
• Represented an architectural firm in the alleged negligent design of a five-story parking structure.
• Secured summary judgment for an architect in a negligent design of school building claim, which allegedly allowed pervasive water intrusion and mold contamination.
• Represented a number of sureties in bond claim litigation in numerous actions across Ohio.

Product Liability Cases

• Represented a train car manufacturer in a benzene leak, which caused over $60 million in property damage and lost profits of $8 million due to the closing of an adjacent loading terminal.
• Represented a Fortune 50, national defense contractor as the plaintiff in a $49 million claim of defective design/construction of mobile communications shelters sold to a foreign government for military use.
• Represented two national flavoring companies in over 30 lawsuits that relate to claims of lung damage allegedly caused by the presence of the chemical diacetyl in food flavorings provided by the defendant companies.
• Represented a product manufacturer in a $12 million, 5-acre warehouse fire allegedly caused by the client’s product.
• Represented an international product manufacturer against a claim that defective electrical equipment caused fire and more than $1 million of damage and down-time in a steel manufacturing facility.
• Representing a company who purchased allegedly defective “roof” fabric for installation in over 100 acres of greenhouse agricultural facilities.
• Represented a truck manufacturer in a $3 million explosion case.
• Sued a Finland-based manufacturer of a large, industrial sheet metal, automated handling and cutting machine for defective design and fraud, generating a settlement in excess of the $1 million original cost of the machine after five years of use.
• Represented a contractor in two separate suits involving fatalities caused by exploding tractor wheel assemblies. Secured summary judgment in one case that was affirmed on appeal.

Catastrophic Loss Cases

• Represented a burn victim against a national big-box store and 29 other defendants for burn injuries over 70% of her body caused by an explosion of pool chemicals that leaked from their containers during her car trip home from the store. This resulted in the largest known, single victim, personal injury settlement in the history of Kentucky or Ohio.
• Represented an employer in a fatality caused by an employee being crushed under a 50,000-pound steel coil that fell from an overhead crane.
• Represented a waste broker in a zirconium-related explosion at an incinerator, which killed one and burned another.
• Represented a Japanese company in an employee-caused trucking accident that left the plaintiff with serious, permanent brain damage and alleged damages over $10 million.

Fire Cases and Miscellaneous Cases

• Represented three alleged “generators” in a $15 million CERCLA cleanup case that focuses on the intent to recycle and not to dispose of certain electronic waste streams.
• Representing a manufacturer in a class action brought by all residents of an Ohio city for alleged pollution of their drinking water.
• Represented a contractor against alleged environmental spills during a subterranean horizontal drilling project.
• Represented one of two competing businesses as a plaintiff in a $20 million claim for violation of antitrust statutes.
• Represented a national engineering firm in a multimillion dollar dispute over the private equity purchase of a significant portion of the firm.
• Represented a Fortune 50 manufacturer against allegations of defective electrical switch gear causing a major fire in downtown office building, by proving the fire was caused by the installer of the equipment and not by our client, the manufacturer.
• Settled favorably during trial on behalf of the plaintiff, a major U.S. automobile manufacturer, a multimillion dollar suit for damages caused by fire on its production line.
• Represented a fireworks store owner in a 10-fatality fire caused by a mentally challenged 14-year-old who intentionally lit a firework in the store, with allegations the store owner had intentionally turned off a leaking fire sprinkler system.
• Represented a motor home manufacturer against claims of defective construction, which caused a fire and the deaths of two children.
• Represented a contractor in a case against a negligent insurance broker in a loss exceeding $50 million.
• Represented a private equity plaintiff in a $30 million claim against an investor.
• Represented an environmental consultant in an $11 million negligence lawsuit.
• Represented buyers of an $8 million hotel against the seller for fraud in the disclosure of the condition of the building.
• Represented investors in a $4 million fraud and theft claim against co-investors.
• Represented a company in a $3 million claim of trade secret theft.
• Secured an arbitration award of over $500,000 against a client’s past employees who stole its trade secrets.
• Secured summary judgment for an internet marketing company, which was alleged to have violated The Ohio Consumer Sales Protection Act by its email marketing.
• Represented a California company in the defense of patent infringement lawsuits in federal court. Personal jurisdiction was challenged, and the matters settled while that issue was under consideration.
• Represented an Ohio sound recording company in local and California-based litigation involving copyright and trademark disputes.
• Represented a manufacturer suing a competitor for copyright infringement.
• Represented a debt collector in a federal class action suit alleging violation of The Fair Debt Collection Practices Act and obtained dismissal of all claims on legal grounds.
• Represented a Cincinnati-based design/builder in a $2.0 million claim for allegedly deficient installation of concrete floor in a new, very large warehouse.
• Represented a Cincinnati-based engineering, procurement, and construction contractor in Oklahoma litigation against a $10 million claim for deficient design and deficient construction regarding the installation of an industrial / chemical processing line of equipment.

Client Alerts

• “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)

Publications

• “Statutes of Repose: What Every Contractor Needs to Know,” Co-Author, Construction Executive (February 2020)
• “Five Points to Consider When Leasing Construction Equipment,” ACC Lexology (June 2012)

Presentations

• “Professional Liability Risk Management Strategies,” Ulmer/Oswald Companies Seminar (May 2019)
• “2018 Ohio Law Update,” Insurance Adjuster Meeting (February 2018)
• “2017 Legal Updates & the Known Unknowns,” Ohio Valley ABC Seminar (March 2017)
• “Understanding the General Conditions of a Construction Contract,” Cincinnati Chapter of the American Institute of Architects, Education Summit 2015 (November 2015)
• “How to Win a Deposition,” Associated Builders and Contractors, Inc., ABC Legal Day (June 2015)
• “Keeping Your HR Managers Out of Court, and What to Do When They Get There,” The Association of Corporate Counsel (ACC) (November 2014)
• “Damages and Legal Risks Caused by Failure of Non-Code Compliant Construction,” Southwestern Ohio Building Officials Association (June 2009)
• “Risk Reduction for Frequent Claims Against Structural Engineers,” Structural Engineers Association of Ohio (March 2009)
•  “The Practical Aspects of Multi-District Litigation,” Federation of Defense & Corporate Counsel 2008 Winter Meeting, Grand Bahama Island, Bahamas (February 27-March 1, 2008)
• “Strategies to Minimize Professional Liability,” HalfMoon Seminar (December 2007)
• “Mold, Moisture and Remediation Workshop,” The American Conference of Governmental Industrial Hygienists (November 2007)
• “Establishing Causality:  What Constitutes Peer Reviewed and Medically Accepted Standards?” 62^nd Annual Meeting of the American Academy of Allergy, Asthma and Immunology in Miami Beach, Florida (March 3-7, 2006)
• National Business Institute: “The Mold/Construction Challenge in Ohio,” (November 2003 and December 2005)
• “Solving Construction/Mold Contamination & Water Intrusion Claims,” Sterling Education Services, Inc. (November 2004)
• “Legal Perspectives of Ohio’s Voluntary Action Program,” 6th Annual Business & Industry’s Environmental Symposium (April 16, 1997)
• “How to Avoid the Pitfalls of CERCLA/Superfund,” Executive Enterprises, The Environmental Regulation Course (February 1996)
• “The Jurisdictional Aspects of Litigation Involving International Clients:  Everything You Need to Know About Achieving and Defending Against Jurisdiction, the Hague Convention, Service of Process and Forum Selection Clauses,” FICC Quarterly (Fall 1995)
• “The Jurisdictional Aspects of Litigation Involving International Clients:  Everything You Need to Know About Achieving and Defending Against Jurisdiction, the Hague Convention, Service of Process and Forum Selection Clauses,” Speaker at the Federation of Insurance and Corporate Counsel Mid-Winter Meeting in Scottsdale, Arizona (February 23-28, 1993)
•  “Joining Foreign Entities as 3d-Party Defendants,” Leader’s Products Liability Law and Strategy, Vol. XI, No. 1, (July 1992)
• Conducted 1991 in-house seminar for Shelby Insurance Company covering recent developments in Ohio’s law

PROFESSIONAL AFFILIATIONS

• Federation of Defense and Corporate Counsel
• The Fellows of the American Bar Association
• Construction Lawyers Society of America (Fellow)

FIRM INVOLVEMENT

• Former Group Leader, Construction Litigation

HONORS

• Ranked as one of Ohio’s “Leaders in Their Field” in Construction (2019-2023) and General Commercial Litigation (2012-2016) by Chambers USA: America’s Leading Lawyers for Business
• Named a “State Litigation Star” in Ohio by Benchmark Litigation (2016-2023)
• Named to the Ohio Super Lawyers list (2004-2011; 2014-2023)
• Named to The Best Lawyers in America^©, Commercial Litigation; Construction Law; Construction Litigation; Product Liability Litigation – Defendants (2009-2024)
• Named Best Lawyers Construction Law “Lawyer of the Year” in Cincinnati (2019)
• Designated Best Lawyers Litigation – Product Liability “Lawyer of the Year” in Cincinnati (2012)
• Named to the National Law Journal’s Construction Trailblazers (2021)
• Ranked a Top 50 Cincinnati attorney in the Super Lawyers list (2021)
• AV Preeminent Peer Review Rated – Martindale-Hubbell
• Named a Top Rated Lawyer in Construction Law by American Lawyer Media (2012)
• One of 63 Leading Cincinnati Lawyers named by Cincy Business (2005)

Fritz is involved in a number of philanthropic endeavors and thoroughly enjoys giving back to the community. His charitable work has included working with a foster child, who is now 18 and attends college at Bowling Green State University. Fritz also trains and participates in triathlons.

Village of Evendale, Cornhole Champion, 2005

• Ulmer Attorneys Recognized in The Best Lawyers in America® 2024 Report
• Chambers USA 2023 Report Gives Ulmer Top Marks
• Ohio Super Lawyers Recognizes 69 Ulmer Attorneys in 2023 Lists
• Benchmark Litigation Honors Several Ulmer Partners in 2023 Reports
• Ulmer Attorneys Recognized in The Best Lawyers in America© 2023 Report
• Ulmer Earns Top Marks in Chambers USA 2022 Report
• Ohio Super Lawyers Recognizes Ulmer Attorneys in 2022 Lists
• Benchmark Litigation Honors Several Ulmer Partners in Latest Reports
• Ulmer Partner Frederic X. Shadley Named National Law Journal Construction Trailblazer
• Ulmer Attorneys Recognized in The Best Lawyers in America© 2022 Report
• Ulmer & Berne Honored in Chambers USA 2021 Edition
• Benchmark Litigation Gives Ulmer High Marks in Newest Reports
• Statutes of Repose: What Every Contractor Needs to Know
• Ohio Super Lawyers Honors Ulmer Attorneys in 2020 Lists
• Ulmer Receives Numerous Honors in Newest Reports from Benchmark Litigation
• Best Lawyers® 2020: 60 Ulmer Attorneys Recognized, Two Partners Named “Lawyer of the Year”
• Ulmer & Berne Receives Top Rankings from Chambers USA