Construction Law
Today, the construction industry needs counselors and advocates who understand construction. Lawyers who can help minimize risks, protect legal rights and preserve their bottom line. With skilled construction attorneys across the region, we provide advice and solutions that are beyond measure.
Construction Services for Contractors
Day after day, FBT's Construction Law Group provides CMs, GCs, and trade and specialty contractors with the innovative legal solutions they need to protect their interests and preserve their bottom line including:
- Risk management/best practices counseling and training
- Contract negotiation, review and counseling
- Claims and dispute resolution (including defect and schedule impact claims)
- Bid disputes
- Mechanics' liens and payments disputes
- Mediation and arbitration (as advocates and neutrals)
- Litigation
- Insurance counseling and claims
- Surety bond counseling and claims
Other Services
We are an active business partner to our clients helping them to succeed. We're able to work across disciplines and across the map providing contractors a full range of legal services covering every aspect of their businesses including:
- Labor and Employment
- Workers' Compensation
- OSHA
- Environmental
- Immigration
- Lending and Commercial Development
- Real Estate
- Business/Corporate
- Personal and Succession Planning
Connected to the Construction Industry
To stay current on issues affecting our construction clients, we are active members of local, regional and national construction trade and bar associations including:
- Allied Construction Industries (AGC of Cincinnati)
- American Bar Association (Forum on Construction Industry; Construction Litigation Subsection; Fidelity and Surety Law Committee)
- American College of Construction Lawyers (Terry Brookie, Fellow)
- Asphalt Paving Association of Indiana
- Associated General Contractors (Ohio, Indiana, Tennessee)
- Association of Insurance Professionals
- Builders Exchange of Central Ohio
- Construction Financial Managers Association (Indiana, Kentucky)
- Design Build Institute of America (Indiana Chapter)
- Indiana Construction Association (AGC of Indiana)
- International Association of Defense Counsel (Steven Strawbridge, Board Member)
- Kentucky Association of Highway Contractors
- Surety Association of Indiana
- Surety Association of Ohio
Peer Group Recognition
Several members of our team are also recognized by independent evaluators and peer groups for the service we provide to construction clients. In fact, Chambers USA: America's Best Business Lawyers has ranked FBT as one of the top Construction Law Firms in Ohio for seven consecutive years and Best Lawyers in America ranked us first in Indiana for Construction Law. Other awards include:
- Chambers USA
- The Best Lawyers in America
- Legal 500
- Indiana Super Lawyers
- Indiana Super Lawyers: Rising Stars
- Ohio Super Lawyers
- Ohio Super Lawyers: Rising Stars
Our Clients
Frost Brown Todd has built long-term relationships with dozens of top construction firms across the region. These clients range from smaller entrepreneurial companies to several of the larger contractors and specialty contractors in the country (as ranked by Engineering News-Record) such as Turner Construction Company and Baker Concrete Construction.
Contractor Education/Resources
We regularly present best practices and training seminars for construction clients and trade associations on topics ranging from risk management, claims avoidance and project documentation to key contract issues, project delivery methods and how to get paid. Each year hundreds of contractors attend our Contractor's Law Series of seminars co-sponsored by leading construction trade associations.
Construction Law News
The construction law group publishes a blog at www.constructionlawnews.com. The blog consists of regular postings including trends, updates and perspectives on recent and relevant construction law and construction industry news. We also regularly publish articles in construction trade journals as well as other industry publications.
The Construction Law Group publishes a quarterly newsletter entitled OnCite. The newsletter includes our construction attorneys’ analysis and overview of recent issues and trends relevant to the construction industry. Each issue provides at least one in-depth analysis of a recent case, ruling, project or trend in Indiana, Kentucky, Ohio and Tennessee. To sign up to receive OnCite, please go to our resources page and provide the requested information.
More information on the construction practice at Frost Brown Todd can be found in the Construction Law Group Brochure.
Legal Updates
Representative Experience
- Frost Brown Todd Successfully Represents Turner Construction in Construction Arbitration
- FBT Successfully Obtains Summary Judgment for Construction Surety
- Clients Awarded in Extra Work Dispute
- Complex Secured Interest, Real Estate and Construction Issues
- Defense and Counseling Related to Airport Security Check Point Construction
- Defense of Owner - Contractor Claims
- Dispute Settlement with an Advocacy Group
- Representation General Contractors in Lien Disputes
- Representation of a General Contractor in Dispute Settlement
- Representation of a National General Contractor in Insurance Recovery
- Representation of a National General Contractor in Recovery of Damages
- Successful Settlement of a Series of Cases Claiming Violations of Prevailing Wage Statutes
- Defense: General Contractor
- Representation of a Steel Fabricator and Steel Erector in Prosecuting Payment and Scope Claims
Press Releases
- Thomas T. Pennington Joins Frost Brown Todd’s Nashville Office
- Terrence Brookie Named Practice Leader for Frost Brown Todd Construction Law Group
- Frost Brown Todd Adds Leading Cincinnati Public-Private Partnership and Construction Lawyer
- Bonnie Wolf Selected as a Referee for Ohio Court of Claims
- Terrence L. Brookie Appointed Chair-Elect of the American Bar Association’s Forum on the Construction Industry
- Alex Strohm Joins Frost Brown Todd as Construction Law Professional
- 57 Frost Brown Todd Attorneys Recognized in 2011 Chambers USA®
- 18 Frost Brown Todd Attorneys Recognized by Indiana Super Lawyers® and 8 Recognized by Indiana Rising Stars® for 2011
- 41 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 14 Recognized by Ohio Rising Stars® for 2011
- Frost Brown Todd Names Six New Associates
- 15 Frost Brown Todd Attorneys Recognized as 2011 “Lawyers of the Year”
- Frost Brown Todd's Louisville Litigation Practice Recognized as "Highly Recommended Local Litigation Firm"
- 54 Frost Brown Todd Attorneys Recognized in 2010 Chambers USA
- Frost Brown Todd Attorneys Receive Recognition in 2010 Super Lawyers® Corporate Counsel Edition
- Terrence L. Brookie elected to American College of Construction Lawyers Board of Governors
- Daniel P. King elected to the IndyHub, Inc. Board of Directors
- Frost Brown Todd Attorney Appointed Chair of Fidelity and Surety Committee of IADC
- 18 Frost Brown Todd Attorneys Recognized by Indiana Super Lawyers® and 7 Recognized by Indiana Rising Stars® for 2010
- Joshua B. Fleming and Daniel P. King Named Partners of Frost Brown Todd
- Frost Brown Todd Attorney, Geoff White, Named First LEED Green Associate in Kentucky
- Construction Law News Launches Green Building Series
- Tim Crenshaw Joins Nashville Office of Frost Brown Todd
- Price to Join Frost Brown Todd
- Frost Brown Todd Helps General Contractors with Commercial Activity Tax
- New Attorneys Join Frost Brown Todd’s Construction Law Group in Columbus
Publications
- U.S. EPA Issues Proposed Rule To Clarify Stormwater Requirements
- Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim
- Kentucky Corrects Law That Previously Considered Private Construction Companies “Public Agencies”
- Where You Sue can Hurt You: Ohio Appellate Courts Split on Ability to Appeal in Foreclosure Actions
- Kentucky Adopts Economic Loss Doctrine but Specific Application to the Construction Industry Remains Unsettled
- Funding from Commonwealth does not Automatically Invoke Application of Kentucky Model Procurement Code to Local Public Works Projects
- Oh Where, Oh Where, Oh Where Have the Indiana Recovery Act Dollars Gone?
- Ohio House Bill 153 and Public Construction Reform
- Common Mistakes of Indiana’s Mechanic’s Lien Claimants (And How To Avoid Them)
- Five Frequent Fatal Mistakes of Ohio Mechanic’s Lien Claimants
- Navigating the Perils of Kentucky’s Mechanic’s Lien Statute
- New Ohio Transportation Bill Allows Public-Private Partnerships And Expands Design-Build Procurement
- Top Ten Mistakes Leading to Loss of Lien Rights in Tennessee
- House Bill 153 and Public Construction Reform
- Federal Court in Florida Allows Obligee to Pursue Claim Under Payment Bond and to Offset Funds Payable on Bonded Project Against Unbonded Oblications
- General Contractors May Have Coverage For Costs Arising Out Of Subcontractors' Defective Work
- Kentucky Supreme Court Finds That Faulty Workmanship Is Not An “Occurrence” Under a Commercial General Liability Policy
- Major Developments in Ohio Public Contracting
- Wrongfully Rejected Bidders in Ohio can Recover Bid-preparation Costs
- Are Construction Bid Errors Up in a Down Economy?
- Kentucky, Indiana and Ohio at Forefront of Green Building in the Healthcare Industry
- Ohio Lien Law Update - When Should a Notice of Furnishing be Submitted?
- Tennessee's Construction Industry Faces New Workers' Compensation Insurance Requirements
- A "Stark" Reality for Indiana Contractors Who Do Not Strictly Comply with Contractual Claim Notice Provisions
- Tumultuous Kentucky Legislative Session Generates Several Bills Relating to the Construction Industry
- $585 Million “Stimulus” Project for Nashville Begins – The Music City Center Is Underway
- New Caselaw Concerning Ohio’s Prevailing Wage and Procurement Laws Could Have a Significant Impact on Public Owners, Private Developers, and Contractors
- New U.S. EPA Stormwater Rules and Initiatives Will Significantly Impact the Construction and Development Sector
- OSHA Recordkeeping National Emphasis Program
- Public Funding Does Not Necessarily Trigger Application of Ohio Prevailing Wage Law
- Stimulus Act - Impact on Affordable Housing
- OSHA Regains Power to Cite General Contractors for Subcontractor Hazards
- Stimulus Act - Impact on Green Building
- Stimulus Act - Impact on Commercial Real Estate
- Stimulus Act - Impact on Residential Real Estate
- New Guidelines May Apply Ohio Prevailing Wage to More Projects
- Changes in Visa Issuance Procedures
- Ohio Court of Appeals Upholds 10 Year Statute of Repose for Construction Claims
- LEED: The “Green” Wave -- Opportunity but Some Risk for Contractors
- OSHA Issues New Confined Space Standard for the Construction Industry
- Employers Must Pay For All Personal Protective Equipment – Changes to OSHA Standards
- Kentucky Supreme Court Allows Bid Protests
- ConsensusDOCS Promotes Balanced Subcontract Form
- Court of Claims Clarifies When Claim Against State Accrues
- The NLRB’s Glens Falls Decision Creates New Opportunities For Construction Firms
- OSHA Conducting Weekend Inspections of Construction Sites
- ALP: The Fairness in Construction Act – With the Booming Local and Regional Construction, The Act Is A Benefit to All in Central Kentucky
- Comprehensive Immigration Reform Act of 2007 Update
- Temporary Guest Worker Program
- General Contractors No Longer Automatically On The Hook For OSHA Violations
- Ohio Supreme Court Rules in Dugan & Meyers Case
- 2007 Revisions to Ohio Mechanics’ Lien Law
- Kentucky’s New Fairness in Construction Act
- President of Temporary Labor Company Sentenced for Conspiracy to Provide Illegal Workers
- Business Law Advisory
- Alternative Dispute Resolution Techniques Resolving Disputes Without “Going to War”
- Help in Getting Paid – Ohio’s Mechanics’ Lien Law
- Ohio’s Design-Build and Seal Law
- Ohio’s Fairness in Construction Contracting Act
- Thinking About Terminating a Subcontractor? – Here are a few Things to Consider
- “Pay-When-Paid” Clauses: What happens when the Owner doesn’t pay”
- The Changing Insurance Market For The Construction Industry
- Ohio’s New Smoke Free Workplace Act and Fair Minimum Wage Amendment
- Design-Build Delivery Systems - Are They Right For You?
- Senate Considers Guest Worker Proposal as Part of Comprehensive Immigration Reform
- Commercial Activity Tax: Possible Contract Language for Limited Agency Exemption for General Contractors
- Immigration Reform Targets Employers and Worksite Enforcement
- Frost Brown Todd Helps Obtain Partial Relief From CAT Tax
- Construction Law Update
- Potential Partial Relief from CAT Tax
- Thinking About A New Building Project? Here Are A Few Things To Consider.
- EPA Withdraws Storm Water Permit Changes for Construction Sites
- ALP: How can I avoid surprise liens on my construction project from unknown subcontractors and/or suppliers?
Events
Past
- Public Private Partnerships: Boom or Bust for Local Construction Industry
- Fidelity and Surety Roundtable
- Join us for the Allied Construction Industries' Hot Topics in Construction Law 2012
- 31st IRMI Construction Risk Conference
- BKD's Blueprint for Extending Credit to Construction Companies
- Ohio Valley Construction Conference 2011
- Prevailing Wage Law in Ohio
- ACI 2011 Picnic @ Turfway Park
- Buy Local and Hire Carefully - Impacts of the new local Indiana business preference statute, E-Verify requirements, and Department of Labor initiatives
- Indiana Construction & Surety Law Section
- 12th Annual Contractor's Seminar - Critical Trends Driving the Construction Industry
- 12th Annual ACI/OSHA Safety Day for Construction and General Industry
- Surety Update - Developments in Standard Bond Forms and Impacts on the Construction Industry
- Construction Seminar Series - Cincinnati
- Mega-Trends in the Construction Industry – How can your construction company succeed in any economic climate?
- Construction Law: How to Handle an OSHA Inspection / Key Employment Issues for Contractors
- Construction Law: Best Practices For a Successful Project - A Case Study
- Construction Law: Don't Bet The Company! Insurance, Indemnity and the Big Risks
- Construction Law: Help in Getting Paid - A Contractor's Toolbox
Practice Highlights
"This team is especially adept at handling construction litigation, where it tends to represent construction companies and developers. It also counsels clients on risk management, bid disputes and public project procurement. Sources say: ‘High-quality work at a reasonable value based on Midwestern rates.’”
~ Chambers and Partners 2011
