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, he 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.
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 Commrs, 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
Highlights & Recognitions
- The Best Lawyers in America©, 2014 - 2019
- The Best Lawyers in America®, Lawyer of the Year 2018, Construction Law
- Selected for inclusion in Ohio Super Lawyers®, 2007, 2013-2019
- Chambers USA, Construction, 2010-2018
- 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
- Ohio Supreme Court Clarifies Statute of Repose
- Ohio Supreme Court Clarifies What Is a “Pay-if-Paid” Clause
- Ohio Lien Law Update - When Should a Notice of Furnishing be Submitted?
- 2007 Revisions to Ohio Mechanics’ Lien Law
- Design-Build Delivery Systems - Are They Right For You?
- ALP: How can I avoid surprise liens on my construction project from unknown subcontractors and/or suppliers?
- The Best Lawyers in America© 2020 includes 169 Frost Brown Attorneys
- 51 Frost Brown Todd Attorneys named to 2019 Ohio Super Lawyers® and Ohio Rising Stars® Lists
- 163 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2019
- Frost Brown Todd Attorneys Recognized in 2018 Chambers USA®
- 34 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 20 Recognized by Ohio Rising Stars® for 2018
- 161 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2018
- Frost Brown Todd Attorneys Recognized in 2017 Chambers USA®
- 29 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers and 17 Recognized by Ohio Rising Stars for 2017
- 168 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2017
- Frost Brown Todd Attorneys Recognized in 2016 Chambers USA®
- 33 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 11 Recognized by Ohio Rising Stars® for 2016
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2016
- 65 Frost Brown Todd Attorneys Recognized in 2015 Chambers USA®
- 37 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® for 2015
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2015
- 63 Frost Brown Todd Attorneys Recognized in 2014 Chambers USA®
- 42 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers®
- 172 Frost Brown Todd Attorneys Recognized in 2014 Best Lawyers®
- 67 Frost Brown Todd Attorneys Recognized in 2013 Chambers USA®
- 43 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 17 Recognized by Ohio Rising Stars® for 2013
- 57 Frost Brown Todd Attorneys Recognized in 2011 Chambers USA®
- 54 Frost Brown Todd Attorneys Recognized in 2010 Chambers USA
Civic & Charitable Organizations
- ACE Mentor Program, Board of Directors
- Commissioned Kentucky Colonel
- Board Member – Allied Construction Industries
- Panel Member - American Arbitration Association
- Admissions Committee - Cincinnati Bar Association
- Mentor, Lawyer to Lawyer Mentoring Program – Supreme Court of Ohio
Non-FBT Publications and Events
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 Library 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
"Public-Private Partnerships in Kentucky, Indiana and Ohio: A Modest Past And A Promising Future"
University of Kentucky Construction Law Institute, March 2013
"Public-Private Partnerships As An Alternative To Traditional Public Procurement In Kentucky, Indiana and Ohio"
University of Kentucky Construction Law Institute, March 2013
"Nuts And Bolts of P3 Projects", April 2015