Reminger Co., LPA’s Architects and Engineers / Construction Liability Group is comprised of attorneys with extensive experience handling the varied claims and disputes amongst all participants in the construction industry. Our construction attorneys represent owners, contractors, subcontractors, architects, engineers, and material suppliers in a variety of construction-related matters including:
- Errors & omissions claims against design professionals
- Construction defect claims
- General liability claims against designers and contractors
- Claims involving commercial explosives and blasting
- Other claims involving damages for personal injury, property damage, economic loss, and project delays
The Group also represents private clients in various construction matters including:
- Mechanic's lien
- Consumer Sales Practices Act
- Prompt Payment Act
- Other contract related claims
Our attorneys are experienced not only in litigation matters before state and federal courts, but also in a variety of alternative dispute forums, including arbitrations and mediations in accordance with the Construction Industry Dispute Resolution Procedures of the American Arbitration Association.
Licensed in Ohio, Kentucky, Indiana, Tennessee and West Virginia, our attorneys are able to serve clients throughout the region with our unique perspective and guidance.
Individuals of our practice group are widely recognized by their peers and other industry leaders by Best Lawyers in America, Ohio Super Lawyers, Indiana Super Lawyers and Kentucky Super Lawyers.
Honors & Recognitions
Our Architects and Engineers / Construction Liability Practice was ranked as Metropolitan Tier 2 (Cleveland, Columbus, and Cincinnati) for 2023 by U.S. News & World Report and Best Lawyers®
Representative Clients: American Structurepoint, Austin Building & Design, Ford Associates Architects, Great Lakes Construction Company, Kokosing Construction, Legacy Health Services, Miles Mechanical, Michels Corporation, Shenberger Associates, Solar Testing Laboratories, Stantec Consulting Services, Inc., The Shelly Company, Trumbull County Engineer, Turner Construction Company
Insurance Carriers/TPAs: Argo Insurance, Aspen Specialty, AXA XL, Beazley Group, Berkley Alliance, Chubb, CNA, Cincinnati Insurance Company, Markel Insurance, Ohio Casualty, Westfield Insurance, Zurich Insurance
“Not only do I receive excellent service from Reminger’s A&E and Construction Liability lawyers, but just as important, our insureds express a high level of confidence in Reminger’s defense of their claims.”
-Derek, Assistant VP - Senior Claims Examiner
- Oct 31, 2023Muskingum
Defended roofing and siding company against claims of violations of the Consumer Sales Practices Act, Home Construction Service Act, Home Solicitation Sales Act, negligence, breach of contract and unjust enrichment.
- Sep 29, 2023, Summary Judgment AffirmedIndiana Court of Appeals
A quarry owner and asphalt producer directed our blasting contractor client to conduct blasting within 20-25 feet of its asphalt plant, with knowledge that the blasting activity conducted there would present a risk to the plant. When the plant was damaged from blasting activities, it sued our client, claiming that the contractor should be strictly liable. We argued that strict liability should not apply to these circumstances, because the stated rationale for applying strict liability is to blasting cases is to protect innocent third parties who do not benefit from the blasting activities, which does not apply to these facts. The trial court agreed and the Court of Appeals upheld the decision.
- Jul 25, 2023, Trial Court Ruling UpheldIndiana Court of Appeals
- Feb 7, 2023, Motion for Summary Judgment Granted6th Circuit Court of Appeals
Motion for summary judgment granted in favor of blasting client. The Sixth Circuit upheld the dismissal of Plaintiff’s Complaint as well as the award of attorneys’ fees in our client’s favor.
- Jun 10, 2022, Summary Judgment GrantedU.S. District Court for the Western District of Kentucky
Succesfully defended our drilling and blasting client against claims of breach of contract and alleged inadequately performed blasting work. The court granted our client summary judgment, dismissed all of Plaintiff’s claims, and awarded our client all of its attorney fees and costs.
- May 9, 2022, Summary Judgment Affirmed6th Circuit Court of Appeals
Summary judgment was granted in favor of construction company on negligence claims, including a wrongful death claim. The appellate court affirmed that decision, finding that the district court properly granted summary judgment under Ohio law.
- Apr 22, 2022, DismissalGreenbrier County, WV
Obtained a dismissal of a complaint on behalf of an appraiser client in Greenbrier County, West Virginia by successfully arguing an appraiser hired by the lender owes no duty to the property’s buyer. This appears to be a case of first impression under West Virginia law.
- Nov 16, 2021, Summary Judgment GrantedCuyahoga County Court of Common Pleas
Summary judgment granted in favor of construction company on negligence claims and motion in limine granted to exclude the plaintiffs’ experts and strike their report.
- Jan 31, 2021, Defense Settlement
Successfully resolved a $7M arbitration claim in a construction dispute in Los Angeles, California which resulted in no payment to the claimant and a sizeable recovery for the firm’s client.
- May 20, 2020
Successfully challenged MSHA citation on behalf of a blasting client, resulting in a reduction of assessed negligence and a significantly reduced fine.
- Apr 15, 2020, DismissalJefferson County, KY
Obtained a dismissal of a complaint on behalf of an appraiser client in Jefferson County, Kentucky successfully arguing an appraiser hired by the lender owes no duty to the property’s seller.
- May 13, 2019, Plaintiff VerdictTrumbull
Represented plaintiff in breach of contract and conversion case against contractor for failing to perform adequate demolition work in a timely manner.
- May 10, 2019, ReversedBedford Municipal Court
Successfully overturned Magistrate’s bench trial verdict awarding Plaintiff full damages, fees, and interest during oral arguments on objections and motion for a new trial. Immediately after, successfully argued for a directed Defense verdict based on the first trial’s transcript in lieu of a second trial.
- Apr 8, 2019
Successfully challenged an ATF effort to revoke clients’ explosives licenses due to a theft and loss of explosives. Represented the clients before the ATF in Washington, D.C. ultimately negotiating a successful resolution for the clients that allowed them to maintain their licenses, avoid revocation / suspension, and avoid the cost of proceeding to an administrative hearing and potential appeal to federal circuit court.
- Sep 26, 2018, Summary Judgment Affirmed1st Appellate District (Hamilton County)
Charles Patterson, et al. v. Adelta, Inc.
Appeal of summary judgment in premises liability case involving inherently dangerous work.
- Mar 23, 2018, Favorable OutcomeJefferson County, KY
Defense of construction liability and personal injury claim, resulting in a jury verdict that was $562,000 less than the damages originally requested by the plaintiff
- Mar 10, 2017, Summary Judgment GrantedClinton
Obtained summary judgment in a case involving claims of negligent design and construction of a fertilizer grain facility.
- Nov 4, 2016, Plaintiff VerdictClermont
Defense of construction liability personal injury matter
- Oct 27, 2016, Reversed and Remanded8th Appellate Dist
Conte, Jr. v. Blossom Homes, LLC
Contractor appealed trial court’s denial of enforceability of arbitration agreement in residential construction contract
- Mar 10, 2016, Favorable OutcomeAmerican Arbitration Assn.
Arbitration defense of construction liability defect and warranty claim
- Sep 19, 2015Logan
Motion for summary judgment was granted in favor of client in prosecution of indemnification crossclaim.
- Jan 22, 2015USDC, Eastern District of Kentucky
Third-party claims for indemnity, contribution, and apportionment arising from allegedly defective product (crane remote control).
- Aug 7, 2014Davies Cty., KY
construction liability property damage claim
- May 20, 2014USDC, Western District of Virginia
Defense of an Architects and Engineering Professional Malpractice Claim
- Feb 5, 2014Madison
Arbitration defense of property damage construction liability
- Feb 8, 2013, Favorable OutcomeWayne
Defense of construction design liability claim
- Nov 16, 2011Cuyahoga County
Defense of architect against professional negligence claim
- Jul 15, 2011Columbiana
Arbitration defense of property damage construction case
- Jul 15, 2011, Plaintiff VerdictCuyahoga
Defense of construction liability property damage claim.
- Jun 27, 2011, Judgment Affirmed5th Appellate Dist
Coughlin v. Acock Associates
Motion for summary judgment granted in favor of client was affirmed on appeal in construction case.
- Mar 24, 2011, Judgment Reversed8th Appellate Dist
Cincinnati Insurance Co. v. City of Cleveland
Motion for summary judgment granted in favor of opposing party was reversed and remanded on appeal in construction case.
- Feb 28, 2011, Judgment Affirmed3rd Appellate Dist.
C. Heider, Admrx., et al. v. U.S. Utility Contractor Co.
Plaintiff appealed adverse trial court judgment in design defect of traffic signal wrongful death action.
- Feb 10, 2011, Judgment Affirmed8th Appellate Dist
Panzica Construction Co. v. Zaremba, Inc.
Motion to dismiss and compel arbitration was granted in favor of client affirmed on appeal in construction case.
- Dec 17, 2010Montgomery
Defense of construction liability property damage claim
- Sep 30, 2010, Judgment Affirmed6th Appellate Dist
Judith Duffett v. Greg Abdoo, et al. v. Phillip Mata, et al.
Plaintiff appealed adverse trial court result in construction defect liability case.
- Sep 9, 2010, Award on counterclaimMontgomery
Defense of commercial construction litigation claim
- Feb 4, 2010Trumbull
Arbitration - Defense of construction liability property damage claim
- Oct 16, 2009Shelby
Defense of construction liability property damage claim
- Apr 8, 2009, Award for ClaimantHamilton
Arbitration defense of construction residential multiple defect claim
- Oct 2007Hamilton
Defense of claim alleging negligent construction during installation of sanitary sewer
system causing flooding of numerous apartments.
- Ralph Burnham and J. Kelly Ratliff Appointed to International Society of Explosives Engineers Bluegrass Chapter Board of DirectorsFeb 6, 2023
- Ralph Burnham and J. Kelly Ratliff Receive President's Award from International Society of Explosives EngineersFeb 21, 2022
- Press Release, Nov 5, 2020
- Crain's Cleveland Business, Sep 14, 2020
- Reminger Co., LPA Announces Appointment of Julian T. Emerson as Co-Chair of Architects and Engineers/Construction Liability Practice GroupPress Release, Jan 13, 2020
- Press Release, Nov 15, 2019
- Press Release, Nov 14, 2019
- Press Release, Nov 5, 2019
- Nov 1, 2019
- Press Release, Aug 15, 2019
- Press Release, Nov 1, 2018
- Press Release, Aug 15, 2018
- Press Release, May 25, 2018
- Press Release, Dec 6, 2017
- Press Release, Nov 1, 2017
- Press Release, Nov 1, 2016
- Press Release, Jun 8, 2016
- Press Release, Dec 2, 2015
- Press Release, Nov 13, 2015
- Press Release, Nov 2, 2015
- Dec 7, 2023
- Nov 16, 2023
- Feb 4, 2023
- May 16, 2022
- Sep 27, 2021
- Kentucky Division of Mine Reclamation and Enforcement, Sep 24, 2021
- Mar 16, 2021
- Using Proactive Community Relations to Reduce the Risk of Potential Liability, Mar 5, 2021
- Feb 26, 2021
- Webinar, Dec 2020
- Louisville, Kentucky, Dec 10, 2020
- Multiple Issues Concerning Blasting Operations and LitigationLexington, KY, Dec 6, 2019
- Blasting Liability: What Your Insurance Company Wants You to Know.Lexington, KY, Dec 5, 2019
- Protecting Yourself from Liability: Blasting RecordsLexington, KY, Aug 23, 2019
- Managing the Scene of an AccidentLexington, KY, Jan 2019
- Managing the Scene of an AccidentCharleston, WV, Nov 2018
- Avoiding the Pitfalls of Typical Risk Shifting Contract CausesNational Webinar, Sep 26, 2018
- Risk Management in Blasting Operations: Lessons Learned the Hard WaySan Antonio, TX, Jan 2018
- Risk Management in Blasting Operations: Lessons Learned the Hard Way, Mine Safety and Health Administration (MSHA)Beckley, WV, Jan 2018
- Responding to the Inevitable Blast ComplaintLexington, KY, Dec 2017
- Insurance Claims and How You Can Impact Your ExposureState College, PA, Nov 2017
- Managing Contractual Obligations and Insurance RequirementsSpringfield, OH, Aug 23, 2017
- Legal Issues for Professional SurveyorsAda, OH, Jul 28, 2017
- Liability Issues and PreventionMultiple Locations around the Commonwealth, 2017
- Protection from Liability: Before, During & After DetonationLouisville, KY, Mar 2017
- Protection from Liability: Before, During & After DetonationSpringfield, IL, Feb 23, 2017
- Blasting Complaints: What to Do (and NOT Do) in Response to ComplaintsLexington, KY, Dec 9, 2016
- Applying Risk Management Principles to the Practice of EngineeringHalf Moon Engineering CE Seminar, Louisville, KY, May 12, 2016
- Protection from Liability: Before, During & After DetonationIndianapolis, IN, Spring 2016
- Protection from Liability: Before, During & After DetonationLas Vegas, NV, Feb 3, 2016
- Protecting Yourself from Liability: Before, During & After the ShotBeckley, WV, Dec 2015
- Protecting Yourself from Liability: Before, During & After the ShotState College, PA, Nov 2015
- Protecting Yourself from Liability: Before, During & After the ShotMarion, IN, Aug 2015
- Protecting Yourself from Liability: Before, During & After the ShotCharleston, WV, Spring 2015
- Investigating & Defending Property Damage ClaimsCharleston, WV, Mar 2015
- Protecting Yourself from Liability: Before, During & After the ShotLexington, KY, Dec 2014
- Construction LawSeminar Series – Mock TrialHarmonie Construction Conference - Atlanta, GA, Jul 23, 2014
- Directed Verdict and Summary Judgment Strategies in Construction Liability ClaimsHarmonie Group Annual Construction Conference - Phoenix, AZ, Nov 12, 2013
- Defending Blasting Claims—Blast RecordsState College, PA, Nov 2013
- Indemnification Clauses and Additional Insured Provisions in Construction ContractsHarmonie Group Trucking and Construction Conference - Chicago, IL, Jun 20, 2013
- Defending Blasting Claims—Blast RecordsLexington, KY, Dec 2012
- Recommended Practices to Reduce Architect and Engineer and Construction Liability ClaimsNorthern Kentucky American Society of Civil Engineers - Lexington, KY, Dec 8, 2011
- Overview of Professional Liability Law for Engineers and SurveyorsNorthern Kentucky American Society of Civil Engineers - Lexington, KY, Dec 8, 2011
- Emerging Law on FHA/ADA Claims in the Construction Industry - Harmonie GroupConstruction Law Seminar - New York, NY, Aug 24, 2011
- Emerging Law in FHA/ADA claims - Standing and State Law Claims for Contribution and IndemnityHarmonie Dallas Construction Meeting - Dallas, TX, Jun 27, 2011
- Emerging Law on FHA/ADA Claims: Standing and State Law Claims for Contribution/IndemnityHarmonie Group Construction Seminar - Chicago, IL, Jun 6, 2011
- Law and the Profession of EngineeringOhio Professional Engineers - Cleveland, OH, Apr 20, 2011
- Defending Blasting ClaimsColumbus, OH, Mar 2011
- Trenton, OH, Nov 17, 2010
- Overview of Professional Liability Insurance as it Relates to Architects and Engineers and Ohio Professional Engineers Ethic LawsDec 9, 2009
- Overview of the Law of Ohio Professional EngineersDec 9, 2009
- 2009 Ohio Law Update with key cases pending before Ohio Supreme Court and their impactAug 6, 2009
- Understanding Engineering Liability Law in Ohio, Half Engineering SeminarColumbus, Ohio, Nov 1, 2007
- Dentistry & The Law, Ohio State University College of DentistryColumbus, Ohio, Nov 1, 2007
- Relief Opportunities for Small Businesses Under the Coronavirus Aid, Relief, and Economic Security (CARES) ActApr 1, 2020
- Arbitration agreement is enforceable in residential construction contract despite homeowner’s claim of not having read itPublished Case: Conte v. Blossom Homes, LLC 2016-Ohio-7480, Jan 4, 2017
- Kentucky Construction Law CompendiumReminger Client Tools, Aug 5, 2012
- DRI - The Voice, Volume 10 Issue 42, Oct 19, 2011
- Emerging Law in Contribution and IndemnityDRI – For the Defense September 2011 Issue, Sep 1, 2011
- Does a Municipality Really Enjoy Absolute Immunity from Subrogation Claims - Ohio Association of Civil Trial AttorneysSummer 2011 Quarterly Review, Jul 15, 2011
- Breach of Contract Claims Find No Quarter in the Language of Ohio’s Statute of Repose: R.C. § 2305.131 Applies Both Tort and Contract ClaimsAug 12, 2019
- Ohio Supreme Court Rules That Construction Defects in the Work of Subcontractors Are Not Covered Under a CGL PolicyOct 11, 2018
- The Indiana Supreme Court Finds a Non-Delegable Duty of Worksite Safety Created in Form Design-Build Contracts Between the Owner and General ContractorMay 16, 2017
- Ohio Court Reaffirms The Duty And Liability Of An Owner To An Independent Contractor Involving An Inherently Dangerous CircumstanceNov 2, 2016
- Jun 13, 2016
- Jan 14, 2014
- Jul 25, 2013
- Aug 2, 2012
- Mar 23, 2012
- May 6, 2010
- Nov 3, 2009
- A Contractor's Liability to an Independent Contractor Requires the Contractor's Active ParticipationOct 23, 2007
- Indemnity Clauses In Construction Contracts Are Enforceable If Compliant With Ohio's Anti-Indemnity StatuteOct 23, 2007
- Estate and Trust Dispute Center of Ohio, Aug 22, 2017
- Estate and Trust Dispute Center of Ohio, Jul 6, 2017
All Practice Group Attorneys
- Julian T. Emerson
- Logan C. Hughes
- B. Scott Jones
- Timothy B. Spille
- Brandon L. Abshier
- Brian Brenn
- Ralph E. Burnham
- Mark R. Bush
- Michael J. Caligaris
- John M. Dunn
- Kevin P. Foley
- Michael P. Gilbride
- Richard R. Gillum III
- Alexander Hyman
- Robert Kish
- Steven Lowery
- Rafael P. McLaughlin
- Ian D. Mitchell
- James O'Connor
- Keona R. Padgett
- Anthony Pernice
- J. Kelly Ratliff
- Holly A. Reedy
- M. Tyler Reynolds
- Michael D. Rice
- Jim Schirmer
- Mrinali Sethi
- Kenton H. Steele
- Jade A. Stewart
- Meredith Turner-Woolley
- Michael J. Valentine
- Stephen E. Walters
- Robert S. Yallech
- Joseph A. Zumpano, III