Overview
Tom focuses his practice on construction law, government contracts, real estate development, and commercial litigation.
He represents a broad range of construction professionals, including construction managers, contractors, subcontractors, suppliers, and sureties, guiding them through all phases of the construction process, from pre-construction and contracting through project close-out. Tom is skilled in selecting project-delivery methods, negotiating and drafting contracts, and advising on the legal aspects of project management. He has experience structuring a variety of projects, including CM-at-Risk and Design-Build Agreements, IPD Agreements, Master Services Agreements, and MATOCs. Tom has also counseled project stakeholders through setting up and executing public-private partnerships (P3).
Tom is an advocate for educating the construction industry about pre-construction and collaboration best practices as a means of avoiding disputes. When claims arise, however, Tom has experience on projects regarding payment disputes, bond claims, schedule impacts, differing site conditions, extra work, construction and design defects, and more on both public and private projects. In addition to successfully negotiating troubled project workout agreements, Tom has guided both construction and ownership teams through project defaults, terminations, and surety takeovers.
Tom values alternative dispute resolution when appropriate but is equally experienced in litigation and arbitration, with a strong track record in both state and federal courts and before arbitration panels.
Tom previously served as the general counsel for a mid-sized construction management company and applies his in-house perspective to representing clients as outside counsel. Prior to becoming an attorney, Tom served honorably as a United States Marine. He continues his service to the nation by advocating for service members’ and veterans’ rights.
Representative Experience
- Represented construction manager (at risk) during contract negotiations on a $120 million, multi-project, quasi-public-private partnership, including the historic restoration of a hotel & conference center, the development of a sports complex, and various parking facilities. The project involved both public and private funding, land owned or leased by both public authorities and private entities, and a complex structure including city, port authority, community improvement corporation, and private owner/developer participation.
- Successfully defended equipment manufacturer against $40 million claim in multi-week arbitration, resulting in an award of money owed to the manufacturer.
- Arbitrated payment-and-performance dispute concerning bridge-painting subcontractor.
- Represented contractor in $3 million payment claim, involving multi-district/jurisdiction litigation and protection of claim in bankruptcy.
- Assisted in the representation of a tunnel-boring-machine manufacturer and supplier in $10 million payment-and-performance arbitration, including negotiation of settlement.
- Assisted in obtaining federal court injunction for heavy equipment manufacturer and supplier preventing disclosure of trade secrets & proprietary and other confidential information.
- Represented subcontractor following an explosion on a large, mixed-use project, including site inspection and coordination of insurance.
- Negotiated a favorable settlement on behalf of an insurance-restoration contractor on $600,000 payment-and-performance dispute.
- Assisted in representing a federal government contractor in $3 million multi-party, multi-district litigation concerning payment and performance bonds and personal guaranties under multiple-award task-order contract (MATOC) and mentor-protégé agreement.
- Assisted in representation of contractor in multi-party dispute under an integrated-project-delivery (IPD) agreement concerning a hydroelectric-dam project.
- Successfully defended against $4.2 million construction-defect claim and won arbitration award in excess of $600,000 for a contractor on a multi-project, international and domestic contract dispute and confirmed arbitration award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
- Assisted in obtaining partial summary judgment and successfully negotiated settlement of all remaining claims in the representation of a civil engineer in defense of $1.7 million design-defect claim.
- Assisted in a jury trial concerning the defense of a $1 million nuisance claim and obtained summary judgment after a mistrial.
- Assisted in a bench trial in defense of $1.5 million construction defect claim concerning restoration of condominium after hurricane damage.
Education & Admissions
Education
- Emory University School of Law, J.D., with honors, 2009
- Auburn University, B.A., 2004
Bar and Court Admissions
- State of Ohio
- State of Georgia
- Georgia Court of Appeals
- Supreme Court of Ohio
- Supreme Court of Georgia
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Ohio
- U.S. District Court, Northern District of Georgia
- U.S. District Court, Middle District of Georgia
- U.S. Court of Appeals, Sixth Circuit
Involvement
Professional Affiliations
- Ohio State Bar Association, Member
- State Bar of Georgia, Member
- American Bar Association Forum on Construction Law, Member
- Cleveland Metropolitan Bar Association, Member
- Construction Management Association of America – Ohio Chapter, Chapter Past President
Community Involvement
- Cleveland Leadership Center (Class of Spring 2016)
Awards & Honors
- Named to Chambers USA: America’s Guide to Leading Lawyers for Business as Up-and-Coming in Construction (2021 – 2022)
- Recognized by Super Lawyers on their Ohio Super Lawyers Rising Stars list (2017 – 2019) and Super Lawyers list (2022)
- Named to The Best Lawyers: Ones to Watch in AmericaTM in Construction Law and Commercial Litigation (2021 – 2022)
Publications
- “Embracing Collaboration in Construction,” Properties Magazine (May 2020)
- “And Down Goes Lewis…” Properties Magazine (October 2019)
- “Ohio Supreme Court Shuts Down Local-Hiring Requirements in Public Construction Contracts,” Frantz Ward Client Alert (September 2019)
- “The Veteran Advantage,” Properties Magazine (July 2018)
- “Mitigating the Risk of Construction Defects,” Properties Magazine (November 2018)
- “Managing Risk on Renovation/Restoration Projects,” Properties Magazine (October 2017)
- “Arbitration 101: Is it Right for Your Restoration Company?” Restoration & Remediation Magazine (December 2016)
- “Are You Ready for Drones to Take Flight?” Properties Magazine (November 2016)
- “Understanding OSHA’s New Overtime Laws,” Restoration & Remediation Magazine (September 2016)
- “Liquidated Damages: It’s a Matter of Perspective,” Properties Magazine (May 2016)
- “Seven Must-Know Legal Facts About Military Employees,” Crain’s Cleveland Business Guest Voices (November 2015)
- Contributor, “How to Get Paid When Lenders are Loss Payees,” Restoration & Remediation Magazine (March 2015)
Presentations & Lectures
- “Construction Technology 2021 & Beyond: Cybersecurity, Drones, Virtual Reality & More,” Advice from the Trenches Frantz Ward Construction Webinar (March 2021)
- “Construction Law, Project Cash Flow & Profit,” Meaden & Moore’s Annual Professional Education and CPE Event (November 2020)
- “Are You Complying With the Latest COVID-19 Safety Regulations and Recommendations?” Construction Employers Association (CEA) Webinar (April 2020)
- “Construction Law,” Kent State University/Turner School of Construction Workshop Series, Cleveland, OH (December 2019)
- “Defining Collaboration: Legally Speaking,” Construction management Association of America (CMAA) Ohio Chapter, Cleveland, OH (November 2019)
- “Navigating Project Default,” Construction Management Association of America (CMAA) Webinar (October 2019)
- “Communication, Collaboration & Standard-Form Contracts,” CFMA Meeting, Cleveland, OH (September 2019)
- “Construction Claims Avoidance, Identification and Management,” Construction Management Association of America (CMAA) webinar (April 2019)
- “Navigating Project Default,” Advice from the Trenches—Frantz Ward Construction Practice Seminar, Cleveland, OH (February 2019)
- “A Core Construction Law Curriculum,” Kent State University/Turner Construction School of Construction Workshop Series, Kent, OH (December 2018)
- “Construction Law/Project Delivery Systems & Contract Risk Management,” Turner Construction’s School of Construction Management (April 2018)
- “Construction Law,” Kent State University/Turner Construction School of Construction Workshop Series, Cleveland, OH (January 2018)
- “What Do You Do When Contract Performance is Delayed?” National Business Institute, Cleveland, OH (May 2017)
- “Claims Documentation and Best Practices—How to Get Paid and Make a Profit,” ABC Northern Ohio Chapter Speaker Series, Independence, OH (April 2016)
- “Construction Claims Documentation,” Subcontractors’ Association of Northeast Ohio (March 2016)
- “Military Employment Law,” NEOVETS Human Resources Conference (Fall 2015)
- “Ohio’s Prompt Payment Act,” Subcontractors’ Association of Northeast Ohio (Winter 2014)
Representative Experience
- Represented construction manager (at risk) during contract negotiations on a $120 million, multi-project, quasi-public-private partnership, including the historic restoration of a hotel & conference center, the development of a sports complex, and various parking facilities. The project involved both public and private funding, land owned or leased by both public authorities and private entities, and a complex structure including city, port authority, community improvement corporation, and private owner/developer participation.
- Successfully defended equipment manufacturer against $40 million claim in multi-week arbitration, resulting in an award of money owed to the manufacturer.
- Arbitrated payment-and-performance dispute concerning bridge-painting subcontractor.
- Represented contractor in $3 million payment claim, involving multi-district/jurisdiction litigation and protection of claim in bankruptcy.
- Assisted in the representation of a tunnel-boring-machine manufacturer and supplier in $10 million payment-and-performance arbitration, including negotiation of settlement.
- Assisted in obtaining federal court injunction for heavy equipment manufacturer and supplier preventing disclosure of trade secrets & proprietary and other confidential information.
- Represented subcontractor following an explosion on a large, mixed-use project, including site inspection and coordination of insurance.
- Negotiated a favorable settlement on behalf of an insurance-restoration contractor on $600,000 payment-and-performance dispute.
- Assisted in representing a federal government contractor in $3 million multi-party, multi-district litigation concerning payment and performance bonds and personal guaranties under multiple-award task-order contract (MATOC) and mentor-protégé agreement.
- Assisted in representation of contractor in multi-party dispute under an integrated-project-delivery (IPD) agreement concerning a hydroelectric-dam project.
- Successfully defended against $4.2 million construction-defect claim and won arbitration award in excess of $600,000 for a contractor on a multi-project, international and domestic contract dispute and confirmed arbitration award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
- Assisted in obtaining partial summary judgment and successfully negotiated settlement of all remaining claims in the representation of a civil engineer in defense of $1.7 million design-defect claim.
- Assisted in a jury trial concerning the defense of a $1 million nuisance claim and obtained summary judgment after a mistrial.
- Assisted in a bench trial in defense of $1.5 million construction defect claim concerning restoration of condominium after hurricane damage.
Education & Admissions
Education
- Emory University School of Law, J.D., with honors, 2009
- Auburn University, B.A., 2004
Bar and Court Admissions
- State of Ohio
- State of Georgia
- Georgia Court of Appeals
- Supreme Court of Ohio
- Supreme Court of Georgia
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Ohio
- U.S. District Court, Northern District of Georgia
- U.S. District Court, Middle District of Georgia
- U.S. Court of Appeals, Sixth Circuit
Involvement
Professional Affiliations
- Ohio State Bar Association, Member
- State Bar of Georgia, Member
- American Bar Association Forum on Construction Law, Member
- Cleveland Metropolitan Bar Association, Member
- Construction Management Association of America – Ohio Chapter, Chapter Past President
Community Involvement
- Cleveland Leadership Center (Class of Spring 2016)
Awards & Honors
- Named to Chambers USA: America’s Guide to Leading Lawyers for Business as Up-and-Coming in Construction (2021 – 2022)
- Recognized by Super Lawyers on their Ohio Super Lawyers Rising Stars list (2017 – 2019) and Super Lawyers list (2022)
- Named to The Best Lawyers: Ones to Watch in AmericaTM in Construction Law and Commercial Litigation (2021 – 2022)
Publications
- “Embracing Collaboration in Construction,” Properties Magazine (May 2020)
- “And Down Goes Lewis…” Properties Magazine (October 2019)
- “Ohio Supreme Court Shuts Down Local-Hiring Requirements in Public Construction Contracts,” Frantz Ward Client Alert (September 2019)
- “The Veteran Advantage,” Properties Magazine (July 2018)
- “Mitigating the Risk of Construction Defects,” Properties Magazine (November 2018)
- “Managing Risk on Renovation/Restoration Projects,” Properties Magazine (October 2017)
- “Arbitration 101: Is it Right for Your Restoration Company?” Restoration & Remediation Magazine (December 2016)
- “Are You Ready for Drones to Take Flight?” Properties Magazine (November 2016)
- “Understanding OSHA’s New Overtime Laws,” Restoration & Remediation Magazine (September 2016)
- “Liquidated Damages: It’s a Matter of Perspective,” Properties Magazine (May 2016)
- “Seven Must-Know Legal Facts About Military Employees,” Crain’s Cleveland Business Guest Voices (November 2015)
- Contributor, “How to Get Paid When Lenders are Loss Payees,” Restoration & Remediation Magazine (March 2015)
Presentations & Lectures
- “Construction Technology 2021 & Beyond: Cybersecurity, Drones, Virtual Reality & More,” Advice from the Trenches Frantz Ward Construction Webinar (March 2021)
- “Construction Law, Project Cash Flow & Profit,” Meaden & Moore’s Annual Professional Education and CPE Event (November 2020)
- “Are You Complying With the Latest COVID-19 Safety Regulations and Recommendations?” Construction Employers Association (CEA) Webinar (April 2020)
- “Construction Law,” Kent State University/Turner School of Construction Workshop Series, Cleveland, OH (December 2019)
- “Defining Collaboration: Legally Speaking,” Construction management Association of America (CMAA) Ohio Chapter, Cleveland, OH (November 2019)
- “Navigating Project Default,” Construction Management Association of America (CMAA) Webinar (October 2019)
- “Communication, Collaboration & Standard-Form Contracts,” CFMA Meeting, Cleveland, OH (September 2019)
- “Construction Claims Avoidance, Identification and Management,” Construction Management Association of America (CMAA) webinar (April 2019)
- “Navigating Project Default,” Advice from the Trenches—Frantz Ward Construction Practice Seminar, Cleveland, OH (February 2019)
- “A Core Construction Law Curriculum,” Kent State University/Turner Construction School of Construction Workshop Series, Kent, OH (December 2018)
- “Construction Law/Project Delivery Systems & Contract Risk Management,” Turner Construction’s School of Construction Management (April 2018)
- “Construction Law,” Kent State University/Turner Construction School of Construction Workshop Series, Cleveland, OH (January 2018)
- “What Do You Do When Contract Performance is Delayed?” National Business Institute, Cleveland, OH (May 2017)
- “Claims Documentation and Best Practices—How to Get Paid and Make a Profit,” ABC Northern Ohio Chapter Speaker Series, Independence, OH (April 2016)
- “Construction Claims Documentation,” Subcontractors’ Association of Northeast Ohio (March 2016)
- “Military Employment Law,” NEOVETS Human Resources Conference (Fall 2015)
- “Ohio’s Prompt Payment Act,” Subcontractors’ Association of Northeast Ohio (Winter 2014)
