Biography

Gregory is well known for his experienced and pragmatic advice and is highly rated as one of Ohio’s very best construction lawyers. He maintains a Band 1 ranking by Chambers USA, the highest ranking possible for his practice. Don 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).

Construction Litigation

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 serving as a mediator and arbitrator solving complex construction disputes. He has experience utilizing arbitration, mediation, dispute review boards, partnering and summary jury trials. Click here to view Don’s mediator qualifications.

Practice Areas

Education

  • The Ohio State University Moritz College of Law (J.D., 1982)
  • Miami University (B.A., 1979)

Bar Admissions

  • Ohio
  • Wyoming

Professional Affiliations

  • American Arbitration Association, National "Blue Ribbon" Panel of Arbitrators, member
  • American Bar Association, Construction Forum, member
  • American Subcontractors Association, general counsel
  • Association of the Wall & Ceiling Industry, general counsel
  • Construction Lawyers Society of America (CLSA), fellow
  • National Ground Water Association, general counsel
  • Steel Framing Industry Association, general counsel
  • Diversity Law Institute, member
  • Trial Law Institute, member

Special Honors

  • Litigation Counsel of America, Senior Fellow
  • Recognized in Columbus CEO, Best Lawyers, 2022
  • Selected as “Lawyer of the Year” in Columbus for Construction Litigation in The Best Lawyers in America®, 2021, 2018, 2016
  • Builders Exchange Cornerstone Award 2021 for Lifetime Achievement
  • Received a CLSA Law Firm Award for excellence in construction law, 2017, 2018
  • Selected as one of 50 Fellows across the country by the Construction Lawyers Society of America
  • Rated Band 1 by Chambers USA for Construction
  • Selected as the 2015 “Lawyer of the Year” in Columbus in the area of Construction Law in The Best Lawyers in America®
  • Recognized in The Best Lawyers in America®
  • Martindale-Hubbell Rating of AV Preeminent®
  • Recognized in The International Who’s Who of Business Lawyers for expertise in construction law
  • Selected to the Ohio Super Lawyers list
  • Selected to the Top 50 Columbus Super Lawyers list
  • Selected to the Top 100 Ohio Super Lawyers list

Charitable + Civic Involvement

  • American Rivers, Pro Bono Attorney
  • Appalachia Ohio Alliance, Vice President
  • Tompkins Conservation, Supporter

Presentations

  • “ADR in the New AIA & ConsensusDOCS,” American Bar Association Dispute Resolution Section, Seattle, Washington, presented April 4, 2008
  • “Contract Clauses That Can Kill You,” National Association of Elevator Contractors, Orlando, Florida, presented September 13, 2006
  • “Retainage Reform,” American Bar Association Construction Forum, San Francisco, California, presented April 18, 2002

Career Highlights

  • Drafted Ohio’s first Prompt Payment Act, which became a model for other states
  • Project counsel on Ohio’s largest arena, stadium, school and highway construction projects
  • Summited mountains in North and South America, including Chimborazo, Cirque of the Towers, Devil’s Tower, Gannett Peak, Grand Teton and Rainier