Stephen P. Withee
Steve represents participants in the construction industry with disputes in mediation, arbitration and litigation relating to disruption and interference claims, construction defects, wrongful terminations from state and federal contracts, bid disputes and lien foreclosures. He also provides counseling to industry clients by providing a variety of services, including risk management advice and contract drafting.
In addition to his construction practice, he regularly represents clients from various industries in federal government contract matters. These include advising clients on issues related to regulatory compliance issues, small business program matters (8(a), SDVOSB, VOSB, HUBZONE and WOSB), size and status protests, bid protests and disputes. He has appeared in the ASBCA, GAO, and SBA OHA.
Practicing since 1995, he is admitted in Ohio and West Virginia and is a member of the ABA Forum on Construction Industry, the ABA Public Contract Law Section, the ABA’s Construction Litigation Committee, AGC of Ohio, the OSBA and the Columbus Bar Association’s Construction Committee. He is also active in the Central Ohio Builders Exchange, where he chaired the Law Group and was a member of the Builder's Exchange Rising Leader class of 2008.
He holds an AV® rating from Martindale-Hubbell®, has been listed in The Best Lawyers in America© for Construction in 2014 and 2015 and was noted as an Ohio Super Lawyers Rising Star for Construction Law in 2006, 2007 and 2008.
Drafted and negotiated series of contracts relating to logistics company’s facility expansion which utilized combined public and private funding.
Advised operator of parking facilities of major university regarding various issues related to capital improvement projects, drafted and negotiated construction contracts and assisted in creating contracting protocol and system to ensure consistent process.
Represented owner in claim against design-builder for failure to properly design and construct multi-use entertainment facility.
Negotiated design-build contract for construction of medical office building and laboratory suites with a project value of $10 million.
Drafted and negotiated contracts on behalf of owner with construction manager, architects and owner’s representative for multiple school construction projects.
Represented general contractor in claim against school based upon owner’s failure to properly coordinate and schedule project.
Obtained judgment in favor of general contractor in arbitration against hotel owner seeking additional costs arising from owner-caused inefficiencies and uncompensated additional extra work.
Represented general trades contractor in prosecuting a claim against school involving claim against school board for various disruption costs while defending delay and acceleration claim asserted by masonry subcontractor.
Successfully defended defective construction claim against concrete contractor seeking over $2 million in damages.
Represented surety seeking declaration that public owner improperly terminated surety from its obligations under the bond.
Conducted trial in the Armed Services Board of Contract Appeals challenging termination for default of mechanical contractor.
Successfully defended SDVOSB general contractor in size and status protests in front of SBA OHA.
Advised environmental service contractor on issues related to alleged organizational conflict of interest related to DOE contract and prepared OCI mitigation plan to address same.
Counseled construction material supplier in dispute involving questions under Truth In Negotiations Act.
Represented SDVOSB in REA and eventual claim arising out owner caused inefficiencies on hospital HVAC upgrade project.
Counseled numerous contractors regarding potential regulatory impact of various transactions which have included advice to environmental service contractor on impact of stock sale on 8(a) status, representation of SDVOSB architectural and engineering firm on alleged status issues raised by CVE arising out of its multiple locations, and advice to SDVOSB regarding potential impact of profit sharing plan on SDVOSB status.
Highlights & Recognitions
- AV® Rated, Martindale-Hubbell®
- The Best Lawyers in America©, Construction, 2014-2015
- Ohio Super Lawyers Rising Stars, Construction Law, 2006-2008
Memberships & Affiliations
- American Bar Association Forum on the Construction Industry, Assistant Editor for online edition of Under Construction newsletter
- American Bar Association Litigation Section, Construction Litigation Committee, Ohiocase law editor for Construct!
- Ohio State Bar Association, Construction and Government Contracts Committee
- Columbus Bar Association, Construction Law Committee
- Builders Exchange of Central Ohio, Chair, Law Group; Education Task Force
- Associated General Contractors of Ohio, Legislation Committee
Recent Blog Posts
- Executive Order Increases Reporting Burden on Government Contractors
- U.S. Supreme Court Upholds Enforcement of Construction Contract Forum-Selection Provision
- FEDERAL CONTRACTORS COULD BE LIABLE UNDER FALSE CLAIMS ACT FOR “FRAUDLENT” UNDERBIDS OR “FALSE” ESTIMATES
- NEW FEDERAL POLICIES SEEK TO ACCELERATE PAYMENT TO SMALL BUSINESS SUBCONTRACTORS
- Public Owner's Post Bid Opening “Clarification” Request Invalidates Contract Award
- False Claims Act Introduced in Ohio Senate
- A New Federal Landscape for Small Disadvantaged Contractors
- Contractor's Attempt to Avoid $1,000 Penalty Results in a $3.1 Million Judgment
- How Long Do Ohio Contractors Have to Sue the State?
- How Much Public Money Triggers Prevailing Wages?
Non-FBT Publications and Events
"Ohio Mechanic’s Lien Law"
"Construction Claims In Ohio"
"Contracting With The Ohio Schools Facilities Commission"
"Construction Contracting With Public Entities In Ohio"
"What's Going On Here: Ohio Construction Law Update"