Construction Litigation


Ulmer & Berne’s construction law practice draws upon the expertise of a skilled group of attorneys who are knowledgeable about construction law and who take a special interest in the construction industry. The practice group is chaired by an attorney with a background in electrical engineering.

Our attorneys help clients anticipate problems at the outset, drafting contracts so as to minimize problems later. When disputes do arise, these attorneys seek the most cost-effective solutions to client challenges, regularly representing clients in mediation and arbitration proceedings arising from disputes. But when litigation is the only reasonable recourse, we also have partners with more than 20 years of experience litigating construction law cases before state and federal courts throughout the country and before various administrative agencies.

Our construction law practice offers a broad range of services. From determining the type of project delivery system through design, engineering, financing, preconstruction, construction and close-out services, our attorneys work closely with our clients to achieve the best results. Our residential and commercial clients range from locally owned contractors to some of the largest architectural firms in the region, as well as one of the ten-largest U.S. home builders. In addition, we have represented public and private owners on complex construction projects, including sports arenas and parking facilities.

Our attorneys assist clients through all phases of a construction project. We are experienced with providing all of the following services:

  • Determining the type of project, organization and financing options
  • Drafting contracts for construction, design, engineering, subcontracts and supply purchase orders
  • Construction financing – including representation of many national lenders
  • Prevailing wage requirements
  • Minority business enterprise requirements
  • Payment and performance bonding requirements
  • Bid challenges and change orders
  • Joint venture agreements
  • Mechanic’s liens
  • OSHA compliance and union issues
  • Development or defense of claims for additional compensation
  • Claims disputes through mediation, arbitration or litigation

Ulmer is ranked in 39 categories in the 2017 U.S. News – Best Lawyers “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers highest rankings in 21 categories. The firm also ranks nationally in 15 categories. Firms included in the 2017 “Best Law Firms” are...

Ulmer & Berne is ranked in 39 categories in the 2016 U.S. News – Best Lawyers® “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers highest rankings in 21 categories. The firm also ranks nationally in 16 categories. Firms included in the 2016 “Best Law...

Ulmer & Berne announces that six of the firm’s partners have been recognized in the 2016 edition of Benchmark Litigation as “State Litigation Stars,” a designation given to those individuals who were recommended consistently as reputable and effective litigators by clients and peers. The following Ulmer & Berne attorneys were...

[View Video] Tapping its pipeline of trial-tested litigators, Ulmer & Berne is announcing that three accomplished partners will lead the firm’s respected Business Litigation Practice Group. Cleveland-based partners Jeffrey S. Dunlap and Paul R. Harris will serve as Co-Chairs alongside Cincinnati-based partner Robin D. Miller, who will act as Vice...

“Michael Nathan Ungar | Ulmer & Berne LLP” Cleveland Jewish News January 15, 2015 Perennial Super Lawyer Michael Nathan Ungar considers settlement of a dispute embroiling Case Western University among his most memorable cases of 2014. Read the full article »

Ulmer & Berne LLP has been ranked within the top 10 percent of all law firms by The BTI Consulting Group, one of the nation’s leading legal industry research firms, in their recently published 2015 BTI Litigation Outlook report. The firm was selected as a “Litigation Powerhouse” and is named...

Ulmer & Berne LLP is pleased to name Mary Forbes Lovett chair of the firm’s nationally recognized Real Estate Practice. Ms. Lovett, a partner in the firm’s Cleveland office, represents developers, nonprofit organizations, lenders, and investors in a wide variety of urban development projects utilizing federal and state historic, low...

This Client Alert updates Ulmer & Berne LLP’s May 2013 Client Alert: Cincinnati Changes Bidding Requirements Concerning Sewer District, Storm Water, and Water Works Construction Projects. Efforts to repeal Cincinnati’s controversial “Responsible Bidder” Ordinance were recently rejected by Cincinnati City Council 5 to 4, with Democrats voting to dismiss a separate...

May 2013 – Effective July 29, 2013, to bid a sewer district, storm water, or water works construction project to the City of Cincinnati (collectively, “City Work”), a bidder must employ apprentices from programs that have graduated apprentices for the past five consecutive years (the “Apprenticeship Requirement”). By a margin...

February 2013 – “Nullum tempus occurrit regi” (“Nullum Tempus”) – have you ever heard of this ancient phrase? It means “time does not run against the king,” the “king” being the State of Ohio through the University of Cincinnati (“UC”) in the case of University of Cincinnati v. Walsh Higgins...

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