Getting Paid

Case Studies

Mechanic’s Lien Against German Design-Builder

We represented a subcontractor seeking payment on a mechanic's lien for improvements on an automobile parts factory. The German design-builder actively opposed the lien through six years of "slash and burn" litigation. When it was over, our subcontractor recovered every penny he was owed and all of his legal fees, which totaled more than $600,000, under the Mechanic's Lien and Frivolous Conduct statutes.

First Prompt Payment Case Tried to Jury Verdict

We used our experience from having drafted Ohio's Prompt Payment Act to try the first prompt pay case to jury verdict. Our client received the full amount owed, together with 18% interest and attorney's fees. This result had a ripple effect across the Ohio construction landscape and immediately caused others similarly situated to settle on favorable terms.

Lead Counsel for Consortium of 30 Subs

We were named by the judge as lead subcontractor counsel for a consortium of thirty unpaid subcontractors in a lien priority battle with mortgage lenders in a case that determined whether contractors/subcontractors or lenders maintain lien priority for a project in which funding is secured after the start of construction.

$35.5M Scioto Greenways Redevelopment

Kegler Brown served as construction counsel to the Columbus Downtown Development Corporation when it was charged with redeveloping the Scioto River Greenways and the face of Columbus’ downtown riverfront. This involved removing a dam and conducting substantial river restoration, which brought about the creation of 33 acres of new parkland and 1.5 miles of multi-use trails that connected the Scioto Mile network of parks. This project, noteworthy for both its size and local significance, was completed in late 2015 and won “Public Project of the Year” in the U.S.A. from the American Public Works Association’s (APWA) Public Works Project of the Year Awards.

Columbus Commons Downtown Development

This challenging demolition project in the heart of downtown Columbus yielded a gem of a park in an important urban setting. The high visibility project was concluded timely and on budget, with no legal disputes, and has encouraged further revitalization of the city core.

The Penta Career Center

Taxpayers generously funded a cutting-edge 400,000 square foot joint vocational school (JVS) - larger than any in the state and perhaps even the country. Employing creative contracting techniques, including Quick Pay, allowed the school to open an entire school year early, on budget and with no construction claims or disputes.

Ohio Stadium Renovation

The challenge was to complete a $200 million renovation of this legendary stadium between several football seasons where delay was not an option. Even when faced with a secondary labor boycott, prompt legal action allowed the project to complete on time, so that Buckeye fans could witness a national championship season.

Butler Regional Highway

This was the largest highway contract ever issued in Ohio - to connect I-75 to downtown Hamilton. The project was completed under budget and open to the public 18 months early with no disputes. This highway project was named “federal highway of the year” and yielded a substantial early completion incentive bonus for the contractor.

$50M Redevelopment in Downtown Columbus

Kegler Brown’s construction lawyers provided counsel to the Columbus Downtown Development Corporation in its effort to create the country’s first museum dedicated entirely to the American veteran’s experience. This substantial redevelopment project on the Scioto Peninsula in downtown Columbus involved the demolition of an existing 4,000-seat auditorium, followed by reconstructing a new National Veterans Memorial & Museum, which broke ground in December 2015. Construction is underway on this project, and with its location near COSI and the Scioto Greenways, it will be a significant addition to the west bank of the riverfront in downtown Columbus.

Subcontractor Wins Interest and Fees

In a dispute over a Delaware County water plant project that resulted in claims of delay, liquidated damages, disputed change orders and Ohio’s Prompt Pay Act, our subcontractor client was awarded almost all of its claim after the jury threw out the contractor’s counterclaim. The contractor was found to be in bad faith and in violation of Ohio’s Prompt Payment Act, which entitled our client to 18% interest and attorney’s fees.