John S. Higgins
John is a litigator and a member of the construction law group. He specializes in complex business and construction litigation. He has litigated cases in 64 of Ohio's 88 counties, and tried cases to jury verdict and participated in various injunctive hearings. John has litigated cases before the Ohio Supreme Court, the Sixth Circuit Court of Appeals, and in various other states throughout the United States. He has successfully represented construction managers, general, trade, and specialty contractors, suppliers and project owners in litigation, mediation and arbitration. In addition, John has successfully defended against a million-dollar claim for delay and impact damages.
His representation includes in-house training and risk management, bidding issues, contract disputes, mechanics’ liens and payment disputes, surety bond matters, delay and defect claims, and mediation. A native Cincinnatian, he has practiced law in Cincinnati, Cleveland and Columbus. He is admitted to practice in Ohio, the United States Supreme Court, the United States Courts of Appeals for the Sixth and Fourth Circuits, and the United District Courts for the Northern and Southern Districts of Ohio, Eastern District of Kentucky and Southern District of Indiana.
Experience
Past clerk for Cleveland Municipal Court
Appointed Special Counsel to the Attorney General of the State of Ohio for various construction, real estate and business matters.
Representative Reported Decisions/Jury Verdicts
Favorable decisions in:
Williams v. Cambridge Bd. of Educ., 186 F. Supp. 2d 808 (2002)
Haynes v. City of Franklin (2002), 95 Ohio St. 3d 344.
Caton v. Bd. of Comm'rs, No. CC2001-0454, 2003 Ohio App. LEXIS 2110 (Apr. 29, 2003 Muskingum Cty. Ct. App.)
Ross v. Cark, No. 02AP-222, 2003 Ohio App. LEXIS 2405 (May 22, 2003 Franklin Cty. Ct. App.)
Fairfax Homes, Inc. v. Blue Belle, Inc., 2006 Ohio App. LEXIS 2116, 2006 Ohio 2261
Representative Experience
Highlights & Recognitions
- Selected for inclusion in Ohio Super Lawyers® Rising Stars, 2007
- Chambers USA® America's Leading Lawyers for Business, Up and Coming Attorney in Construction, 2010 and 2011
- Buckeye Boys State Graduate
- Cincinnati Academy of Leadership for Lawyers ("CALL") Graduate and Academy Member
- The Legal 500, Construction, 2011
Memberships & Affiliations
- American Bar Association, (ABA Forum on the Construction Industry)
- Allied Construction Industries
- Associated General Contractors of Ohio
- Ohio State Bar Association
- Cincinnati Bar Association
- Federal Bar Association
- Ohio Contractors Association
- Code News - A Journal on Building Law and Code Enforcement in Ohio, Editorial Advisory Board Member
Recent Blog Posts
- Retainage Reform in Ohio?
- House Bill – 170: LEGISLATION TO SHORTEN STATUTE OF LIMITATIONS IN OHIO
- Contractor Refused Contract Due to Past Litigation
- When Should A Notice Of Furnishing Be Submitted?
- Cincinnati Tower Receives Funding
- "AIA Releases New Integrated Project Delivery and Design Build Documents"
- “Natural Consequences” of Delay
- What To Do With A “Different” Differing Site Condition
- Top 10 Construction Songs
- Attorney General's Opinion on Force Account Estimating Procedures
Publications
Press Releases
Civic & Charitable Organizations
- ACE Mentor Program, Board of Directors
- Commissioned Kentucky Colonel
Published Articles & Seminars
Killer Contract Issues for GCs and Subs (Cincinnati , Louisville , Lexington )
How to Get Paid – A Contractor’s Toolbox (Cincinnati , Louisville , Lexington )
Don’t Bet The Company!—Insurance, Indemnity and the Big Risks
Best Practices For A Successful Project
Project and Claims Documentation & How to Deal With Problem Projects
Immigration Compliance: Past, Present, Future
Understanding The New Form Contracts: Consensus Docs and 2007 AIA
"Ask The Legal Professional -- How Can I Avoid Surprise Liens On My Construction Project From Unknown Subcontractors And/Or Suppliers?"
Business Courier, September 2004
"Choosing The Appropriate Construction Project Delivery System"
Business Courier, March 2005
"Design-Build Delivery Systems -- Are They Right For You?"
Ohio Construction And Code Journal, September/October 2006
"2007 Revisions To Ohio Mechanics' Lien Law"
Cincinnati Law Libraray News, July 2007
"Start The Clock! When Does A Claim Against The State "Accrue"?"
Ohio Construction And Code Journal, September/October 2007
"Ohio Lien Law Update - When Should A Notice Of Furnishing Be Submitted?"
Construction Law News Website, August 2010
