Gregory is well known for his experienced and pragmatic advice and is highly rated as one of Ohio's very best construction lawyers. He stays abreast of cutting-edge developments in the industry by serving many of the leading national construction trade associations as their general counsel.
Construction Advice to Minimize Risk
Don enjoys providing practical preventative advice on all aspects of a project, from bid to punch list, including: bidding (responsibility, responsiveness, mistaken bids and conditional bids); construction contracts (review and revision of AIA, AGC, ConsensusDOCS and other trade association forms, design-build, construction manager, architect, contractor and subcontractor agreements, purchase orders, and special clauses, such as No Damage for Delay and Contingent Payment); and risk management (insurance and indemnity).
Don has been involved in many of the most sizeable and important cases impacting the construction industry over the last 30 years, including disputes concerning: bid challenges, claims (differing site conditions, defects, defaults and performance bond claims, change order disputes, equitable adjustments, and liquidated damages); mechanic’s liens (notices of furnishing, notices of commencement, lien waivers, lien filings and foreclosures); and prompt payment (collections, payment bond claims, and recovery of interest and attorney’s fees under federal and state prompt payment acts).
Alternative Dispute Resolution
Don is active both as an advocate in the ADR process, and regularly serves as a mediator and arbitrator solving complex construction disputes. He has experience utilizing arbitration, mediation, dispute review boards, partnering and summary jury trials
Prompt Payment Act — Wrote and secured passage of Ohio's Prompt Payment act. Won the first Prompt Payment act case tried to verdict.
Ohio Stadium Renovation — Served as project counsel on this $200 million renovation that needed to be completed in between football seasons. The job was finished on time and on budget, in time for a national championship season.
Mechanic's Lien & recovery of legal fees — Helped negotiate and draft the comprehensive changes to Ohio's modern mechanic's lien law. Prevailed in five years of litigation on an auto plant renovation to recover a verdict for the full amount of the subcontractor's mechanic's lien and approximately $750,000 in legal fees.
Construction defects on hotel — Represented the owner/developer of a downtown hotel who recovered in arbitration over $5 million in damages against one of the largest contractors in the Midwest.
Bad Faith Claim against State — Prevailed in protracted litigation against the State of Ohio on a contractor's delay claim, and proved that the State and its Construction Manager had engaged in bad faith and unfair dealing in manipulating the schedule and the Article 8 dispute resolution process.