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Construction

Building the foundation for construction law.

The construction industry needs counselors and advocates who understand construction law — lawyers who can help minimize risks, protect legal rights and preserve the bottom line. Developers and contractors count on our attorneys to solve the most complex legal issues. We’ve built enduring relationships with dozens of construction firms and professionals across the region. Our clients range from small entrepreneurial contractors to several of the larger contractors and specialty contractors in the country. Whether representing developers, contractors, suppliers or owners, we provide advice and solutions tailored to meet the express needs and objectives of each client.

Practice Area Contact

  • Terrence L. Brookie Profile Image
    Terrence L. Brookie

    Practice Group Leader

    Indianapolis, IN

Our blueprint for success.

Our Clients

Frost Brown Todd has built long-term relationships with dozens of top construction firms across the region. Turner Construction Company and Baker Concrete Construction are two clients that comprise the growing entrepreneurial companies and larger and specialty contractors we represent in the country (as ranked by Engineering News-Record).

Industry Connections

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.

Experience Highlights

  • Represented a structural engineer in an error/omission claim following the collapse of a structure caused by excavation subsidence.
  • Represented architect and tried matter regarding geothermal system design dispute.
  • Project counselling for EPC engineering firm on large-scale sewer project.
  • Defense and prosecution of claims of defective design of large-scale multi-family residential condominiums.
  • Representation of engineering firm on P3 road project.
  • Multiple representations of architect/engineer firms regarding piping, sanitary sewer, relining of piping and alleged, related defects in water infrastructure systems.
  • Representation of architect in building collapse related to alleged defective shoring/bracing designs.
  • Represented an architect in litigation with a restaurant complex alleging personal injury resulting from alleged parking lot design errors.
  • Represented an architect in a premises liability claim involving allegations of architectural design defects at a hospital professional building resulting in personal injury to a hospital patron.
  • Represented an architect in a claim by a general contractor for delay and disruption arising out of the construction of an athletic sports complex at a high school in Erie County, Pennsylvania.
  • Represented an architect in a claim by a school district alleging error/omission in connection with project change orders.
  • Represented a contractor in a dispute involving a bidder’s failure to meet design specifications for the multimillion-dollar relining of water piping and involving enforcement of Pennsylvania’s Right to Know Act for public disclosure of documents.
  • Represented an engineering firm and municipality in a dispute brought by a disgruntled subcontract bidder on a municipal wastewater treatment facility renovation project.
  • Representation of architect and project counselling on design of large hotel.
  • Defense and prosecution of claims of defective design of large educational facilities.
  • Defense and prosecution of claims of defective design of a new road.
  • Defense and prosecution of claims of defective design of HVAC system for indoor water park.
  • Represented an engineering firm in a breach of contract claim brought by a municipality stemming from the failure of ductile iron piping at a water treatment facility; the case involved multiple party defendants and allegations of improper design specifications and negligent workmanship.
  • Represented an architect in a three-way dispute with a municipality owner, electrical engineer and HVAC contractor; the case involved issues of design error and omission, breach of contract and non-conformance with design specifications.
  • Represented an architect in a dispute involving a municipal owner and consulting HVAC engineer in a claim arising from alleged design specification errors in the geothermal heating system for an intermodal transportation center.
  • Multiple institutional, stadia and other public infrastructure disputes representing architect and/or engineer.
  • Defense and prosecution of claims on nuclear energy construction projects (reactor, fuel and conversion facilities).
  • Defense and prosecution of lien, payment and performance claims arising from construction of interstate transmission lines.
  • Close out of prior EPC contract, bidding and selection of completion EPC contractor for interstate transmission line.
  • Prosecution of claims and close out of EPC contracts on utility-scale solar facilities.
  • Project counselling on wind-energy projects and handling of payment and lien disputes.
  • Project counselling and drafting of contract documents for EPC contractor plant contract.

Recognition

Several members of our team are also recognized by independent evaluators and peer groups for the service we provide to construction clients. Chambers USA: America’s Best Business Lawyers has ranked Frost Brown Todd 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

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

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.

Supporting Evidence

Explore articles and recent examples of our work to get a sense of who we are and what we're capable of.