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The attorneys in the Construction Group at Ice Miller guide public and private owners, developers, design professionals, construction managers, contractors, subcontractors, professional liability insurers, title insurers and lenders through the complexities of the construction process.

On the front end, our attorneys assist with the negotiation and preparation of contracts and consult regarding risk allocation, compliance and insurance issues in order to minimize our client’s risk. When problems arise, we work collaboratively with our clients to create resolution strategies which may include litigation in state or federal courts or alternative dispute resolution forums. Ice Miller's construction practice is ranked as a National Tier 1 Practice in U.S. News & World Reports' Best Law Firms and is Regionally recognized in Ohio and Illinois by Chambers USA. With years of experience handling virtually every type of construction project including commercial developments, hospitals, colleges and universities, K-12 schools, highways and bridges, underground mines, utilities, high rise structures and sports stadiums and arenas, Ice Miller’s attorneys are uniquely qualified to advise you regarding your next construction project.

Transactions and General Counseling
  • Site acquisition
  • Financing
  • Construction and design Agreements
  • Project delivery system selection
  • Bidding public and private construction
  • Construction insurance and bonds
  • Green design and LEED
  • Union labor, collective bargaining and project labor agreements
Claims Resolution in State and Federal Courts or Through Alternative Dispute Resolution
  • Construction and design defects
  • Insurance claims and recovery
  • Mechanics liens, bonds, title insurance
  • Schedule delay, acceleration and impacts
  • Concealed/differing site conditions
  • Water infiltration, building envelope and mold
  • Professional liability claims and defense
  • Union labor grievances, strikes, unfair labor practices
  • Bidding mistakes and protests
  • Payment claims
  • Termination claims
Our construction projects include:
  • Commercial: Office, Warehouse, Industrial, Manufacturing, Retail and Mixed Use
  • Commercial: Office, Warehouse, Industrial, Manufacturing, Retail and Mixed Use
  • Public Private Partnerships
  • Healthcare: Hospitals, Medical Office Buildings, Specialty Medical/Dental Facilities
  • Housing and Residential Development: Multifamily, Subdivision
  • Hospitality: Hotels, Convention Centers, Casinos, Riverboats, Restaurants
  • Stadiums and Arenas: Sports Facilities, Automobile Racing
  • Public Construction: Government buildings, Libraries,Parking Structures, Transportation, Infrastructure, Utilities, Highways and Bridges

Representative Experience

  • Indiana Stadium and Convention Building Authority – Ice Miller attorneys represent stadium and sports facility owners in project delivery, contract negotiation and drafting, claims resolution, litigation, and insurance recovery.  
  • Tri-C Construction Company – Ice Miller was lead trial counsel for the general contractor in a 5-day bench trial in Berks County, PA. The matter involved the construction of a Wal-Mart in Reading, PA and a contract dispute with a subcontractor claiming over $2.5 million in its lawsuit.
  • Indianapolis Airport Authority – Serve as construction counsel for billion dollar Midfield Terminal Project, including assisting with project delivery issues, drafting and negotiating contract, claims resolution, litigation and insurance recovery.
  • Solid Waste Authority Central Ohio (SWACO) – Ice Miller was lead trial counsel for SWACO to pursue, and defend against, claims regarding a landfill gas management system related to a public golf course located in Columbus, Ohio.
  • Mettler-Toledo – Ice Miller was lead trial counsel related to a bid-dispute on a project for the Oklahoma Department of Transportation. Phase one of the disputed project was worth approximately $5 million. 
  • General Contractor Arbitration (April 2009)  Represented general contractor in 30 ­day arbitration seeking payment for construction of large production facility. Client won over $10 Million, almost 100 percent of claim, including arbitration costs and attorney fees and defeated owner’s considerably larger counterclaim claim for alleged construction and design deficiencies.
  • Board of County Commissioners, Fairfield County, Ohio v. Hessler, et al. (June 2008) – Represented Board of County Commissioners of Fairfield County, Ohio. Obtained appellate court’s approval of trial court verdict after three ­day trial upholding the authority of the Board to order residents to connect to a newly ­constructed public sewer system. 5th Dist. June 30, 2008), Case No. 2007 CA00028.
  • Elastizell Systems, Inc. v. CNA Insurance Companies (2004) –  Obtained a settlement of over $650,000 in insurance coverage dispute on behalf of flooring contractor in claims for breach of insurance policy and bad faith. Case No. 01­6412, Montgomery County Court of Common Pleas.
  • Universal Contracting Corporation v. Preserving Affordable Housing, Inc. and PAH, Ltd. (July 2000) – Engaged as special construction counsel on behalf of general and subcontractors and obtained damage award of $4.3 million in AAA arbitration. Arbitration Case No.110­00070­99.

Other Transactions and General Counseling

  • Drafted and negotiated contracts, and assisted with selection of project delivery method, for billion dollar airport expansion owner.
  • Drafted form contracts for use by community college on multiple projects.
  • Designed public bidding program for numerous school projects.
  • Assisted with preparation of construction contracts for American company's manufacturing facility project in India.
  • Negotiated and drafted agreements for architectural services and interior design of hotel and hospitality projects in United States, UAE, Hong Kong and Macau.
  • Represented owner of hospital and medical facilities in all aspects of design and construction agreements and construction insurance programs.
  • Coordinated the acquisition and assemblage of over 50 acres of real estate in downtown Indianapolis for multi-million dollar convention center project.
  • Assisted with acquisition of 60 acres of land and obtaining bondable lease structure for construction of office/laboratory world headquarters for animal health company.
  • Represented developer with site acquisition, parking rights, and skybridge access for construction of 250 room hotel.
  • Represented various government entities in eminent domain proceedings to acquire property for public projects.
Other Litigation Matters
  • Recovered claims for owner against contractors and designers on stadium project.
  • Defended construction manager with regard to multi-million dollar claim on public project.
  • Represented contractor in defending against and asserting claims on wind farm project.
  • Investigated, negotiated, and resolved nearly $40 million in claims for design joint venture of four architecture and engineering firms with respect to mechanical and code claims on a major public hospital construction.
  • Represented owner and operator of fiber optic backbone network in arbitration and resolution of contractor change order claims.

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