Construction

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.

• 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.