Construction Law Litigation - Real Estate
Earl K. Messer
Recognized in Best Lawyers since 2013 Awarded Practice Areas
Biography
CONSTRUCTION
Earl has substantial experience handling complex, multi-party delay and defect claims, disputes over insurance coverage and defense, and claims against sureties. He has represented owners, contractors, subcontractors and sureties. He is listed in the 2014 edition of The Best Lawyers in America for his work in the area of construction law.
REAL ESTATE
Earl also has substantial experience with real estate litigation, including commercial foreclosures on office buildings, hotels, manufacturing facilities, and warehouses, disputes relating to commercial leases, easements, and condominiums, and with receiverships, partitions, and condemnations.
TRIAL EXPERIENCE
Earl has litigated hundreds of complex commercial cases, many through trial or arbitration, including jury trials. Besides construction and real estate cases, he has handled many other commercial disputes, particularly in defending against claims for fraud and fraudulent transfer.
ALTERNATIVE DISPUTE RESOLUTION
Earl utilizes mediation regularly, creatively and successfully to accomplish efficient, economical dispute resolution for clients.
Earl has substantial experience handling complex, multi-party delay and defect claims, disputes over insurance coverage and defense, and claims against sureties. He has represented owners, contractors, subcontractors and sureties. He is listed in the 2014 edition of The Best Lawyers in America for his work in the area of construction law.
REAL ESTATE
Earl also has substantial experience with real estate litigation, including commercial foreclosures on office buildings, hotels, manufacturing facilities, and warehouses, disputes relating to commercial leases, easements, and condominiums, and with receiverships, partitions, and condemnations.
TRIAL EXPERIENCE
Earl has litigated hundreds of complex commercial cases, many through trial or arbitration, including jury trials. Besides construction and real estate cases, he has handled many other commercial disputes, particularly in defending against claims for fraud and fraudulent transfer.
ALTERNATIVE DISPUTE RESOLUTION
Earl utilizes mediation regularly, creatively and successfully to accomplish efficient, economical dispute resolution for clients.
Overview
- English
- Northern Kentucky University, J.D., graduated 1991
- University of Cincinnati, MA, graduated 1984
- Ohio, Ohio State Bar Association
- American Bar Association - Member
- Cincinnati Bar Association - Member
- Federal Bar Association - Member
- Ohio Bar Association - Member
- Spirit of Construction - Gala Chair
- Volunteer Lawyers for the Poor - Board Member
- English
- Ohio, Ohio State Bar Association
- American Bar Association - Member
- Cincinnati Bar Association - Member
- Federal Bar Association - Member
- Ohio Bar Association - Member
- Spirit of Construction - Gala Chair
- Volunteer Lawyers for the Poor - Board Member
- Northern Kentucky University, J.D., graduated 1991
- University of Cincinnati, MA, graduated 1984
Client Testimonials
Awards & Focus
Named "Lawyer of the Year" by Best Lawyers® for:
- Litigation - Real Estate, Cincinnati (2025)
- Construction Law, Cincinnati (2020)
- Construction Law, Cincinnati (2014)
Recognized in The Best Lawyers in America® 2026 for work in:
- Construction Law
- Litigation - Real Estate
Additional Areas of Practice:
- Mediation
- Real Estate Law
Awards:
- AV Peer Review Rating Martindale-Hubbell
- Cincinnati Academy of Leadership for Lawyers
- Order of the Coif
- Graduate of the Year
- Lawyer of the Year 2014, Best Lawyers, Construction
News & Media
Case History
Cases
- Waste Management, Inc. v. Danis Industries Corp.
We defended the company and individuals against claims by Waste Management for fraud and fraudulent transfer. The claim was for approximately $50,000,000. Had Waste Management been successful, it would likely have bankrupted all the defendants. After a six week trial, all fraud and fraudulent transfer claims were dismissed.
- Warm Bros Construction Company v. Commercial Union Insurance Company
I repesented Warm Bros. against its insurer for indemnity and bad faith in connection with a defective construction case. We achieved a very favorable settlement for the client very early in the case.
- Kent v. Cincinnati Insurance Co.
This was a class-action lawsuit on behalf of the insured owners of automobiles who were seeking the diminished market value of their vehicles after accidents. We were able to get the matter dismissed on the merits.
- Bank of America, N.A. v. Corporex Realty & Investment, LLC
We have represented the defendants in a $50 million foreclosure matter in which the defendants have stated counterclaims for breach of the duty of good faith and fair dealing. The bank filed a motion to dismiss these counterclaims which the Court denied, allowing the case to proceed to discovery.
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