Ian H. Frank

Representative Experience

• Successfully obtained a complete defense award and reimbursement of arbitrator fees and expenses on behalf of a general contractor in a dispute that involved multiple claims for additional costs for alleged extra work performed on a public school project.
• Obtained a judgment awarding full damages and interest for a general contractor’s violation of a pay-when-paid clause, and further developed the definition of “reasonable time” in connection with the enforcement of such clauses under Ohio law. Chapman Excavating Co., Inc. v. Fortney & Weygandt, Inc., 2004-Ohio-3867 (8th App. Dist.).
• Successfully pursued damages for delays and extra work in connection with a public utility and road construction project and obtained an award on behalf of the prime contractor in arbitration of more than $2 million.
• Following a weeklong arbitration hearing, obtained an arbitration award over $750,000 on behalf of a bridge painting contractor performing work on a Taconic State Parkway bridge in Westchester County, New York.
• Enforced Ohio’s Prompt Payment Act following a multi-day bench trial on behalf of a subcontractor performing work on a public university project, and secured payment of the judgment, plus 18% interest and attorney’s fees, from the general contractor.
• Defended contractor from a multimillion-dollar delay and additional cost claim relating to a metropolitan transit/subway project in Singapore and negotiated a resolution worth less than 10% of the claim value.
• Litigated differing site conditions and equitable adjustment claims on behalf of a contractor performing a tunneling project in Chicago, Illinois, and negotiated a favorable settlement worth more than $3.5 million.
• Successfully represented a tunneling contractor and equipment manufacturer in U.S. District Court pursuing a $9.8 million claim for defective materials, delay, and lost productivity relating to the $1.7 billion (USD) Parramatta Rail Link Project in Sydney, Australia.
• Negotiated dozens of purchases, sales, and service agreements for projects in more than 10 foreign countries for a global manufacturer of specialized underground equipment, including the contract for the sale of the largest rock tunnel boring machine ever manufactured in the world.
• Obtained summary judgment on behalf of a specialty trade contractor working on a steam extraction turbine overhaul and maintenance turnaround project at a chemical manufacturing plant, excluding $1.3 million in alleged lost revenue and efficiency damages.
• Represented interior trades contractor in a lawsuit over a high-rise interior renovation project and tried the case to jury verdict to obtain 100% of the requested damages, plus an award of punitive damages and attorney’s fees.
• Successfully tried multiple bid dispute lawsuits to a judgment arising out of the competitive solicitation of public improvement projects.

Education & Admissions

Education

• Cleveland State University College of Law, J.D., magna cum laude, 1996
• Baldwin Wallace University, B.A., magna cum laude, 1993

Bar and Court Admissions

• State of Ohio
• U.S. District Court, Northern District of Ohio
• U.S. District Court, Southern District of Ohio
• U.S. District Court, Eastern District of Michigan
• U.S. Court of Federal Claims

Involvement

Professional Affiliations

• Federation of Defense & Corporate Counsel (FDCC), Member (2022 – Present)
• American Arbitration Association, Member (2018 – Present)
  • Construction Industry Panelist
• American Bar Association
  • ABA/AGC 50-State Construction Law Survey, Contributing Editor (2018 – Present) and Regional Editor (2020 – Present)
  • Forum on Construction Law, Division 9 (Subcontractors and Suppliers), Chair (2016 – 2018), Steering Committee, Member (2011 – 2020)
• Infrastructure From the Ground Up: Civil Works Projects for Lawyers” Program, Co-Chair (2018)

• ALFA International
  • Board of Directors (2021 – Present)
    • Marketing Committee, Chair (2021 – 2023); Vice Chair (2018 – 2021)
    • Treasurer (2023 – Present)
  • Construction Practice Group – Steering Committee (2010 – Present)
    • Marketing Committee (2018 – Present)
    • Chair Emeritus (2016 – 2018)
    • Chair (2014 – 2016)
    • Construction Program, Co-Chair (2014)
• Trial Law Institute, Member (2017 – Present)
• Diversity Law Institute, Member (2017 – Present)
• The Dispute Resolution Board Foundation, Member (2010 – Present)
  • DRBF/ODOT Administration and Practice Workshop Training Certification (2006)
  • DRBF, DRB Chairing Workship Certification (2024)
  • NYC Department of Design & Construction, Approved/Certified DRB Member (2022)
  • California Department of Transportation (CalTrans), DRB/DRA Training Certification (2023)
• The Robbins Company, Board of Directors (2005 – 2016)
• Associated General Contractors of America, Member
• American Institute of Architects, Member
• Ohio Contractors Association, Member
• Surety Association of Ohio, Member
• Ohio State Bar Association, Member
• Cleveland Metropolitan Bar Association, Member

Community Involvement

• Saint Ignatius High School, Operations Committee (2018 – Present)

 Firm Involvement

• Frantz Ward LLP Construction Practice Group, Chair

Awards & Honors

• Construction Lawyers Society of America—Charter Fellow; Order of Equitas, Barrister (2017 – Present)
• Ranked by Chambers USA in Business in Construction category (2006 – Present)
• Recognized by The Best Lawyers in America ^® in Construction Law (2015 – Present) and Litigation-Construction (2022 – Present)
• Recognized by The Best Lawyers in America ^® as “Lawyer of the Year” in Construction Law in Cleveland (2022)
• Recognized by Ohio Super Lawyers as a Rising Star (2005, 2007, 2011) and Super Lawyer (2021 – Present)
• Listed as AV Preeminent Peer Review Rated by Martindale-Hubbell

Publications

• “Are You Prepared for New Prevailing Wage Rules?” Properties Magazine​ (November 2023)
• “Clean Energy Production and Resilient Design – Climbing the ‘Range’ of Challenges to a Paranorma of Opportunities,” ALFA International (July 2023)

• “Strategies & Solutions for Labor Shortages,” Properties Magazine (November 2019)
• “Mind the Gap: Insurance Coverage for Construction Defects in the Wake of the Ohio Supreme Court’s Decision in Ohio Northern,” Construction Employers Association Bulletin (October 2018)
• “Added Protection Headed Contractors’ Way in PA,” Frantz Ward on The Level (October, 2018)
• “Navigating Foreign Steel and Goods Tariffs,” Properties Magazine (July 2018)
• “Distance Yourself: Avoiding Joint Employer Liability,” Properties Magazine (July 2017)
• “Early Dispute Resolution for Performance Bond Claims,” Under Construction (Spring 2017)
• “2017 Brings Changes to Ohio Public Contracting Rules,” Properties Magazine (February 2017)
• “Joint Ventures—Teamwork Done Right,” Properties Magazine (March 2016)
• “Managing Hidden Risks Below the Surface,” Properties Magazine (November 2015)
• “Construction Defects—How Long Are You At Risk?” Properties Magazine (October 2014)
• Alternate Options for Managing Performance Risk,” Properties Magazine (2014)
• The ABA Design Build Desk Book, 4th Edition (2010; 2014)
• “To Pay, or Not to Pay…” If” or “When” Paid: This is the Question,” Properties Magazine (August 2013)
• “New Ground or Just Risk Management Wake-Up Call? A Review of the Ohio Supreme Court’s Decision in Westfield Insurance Co. v. Custom Agri Systems,” Properties Magazine (2013)
• “Selecting the Right Performance Risk Security for Your Project: Does One Size Fit All?” AGC Constructor Magazine (2013)

Presentations & Lectures

• Marcum Ohio Construction Summit, Marcum LLP (October 2023)
• Annual Business Meeting: Marketing Committee Updates, ALFA International (October 2023)
• Association of Corporate Counsel (ACC) Annual Meeting, ALFA International (October 2023)
• “Clean Energy Production and Resilient Design — Climbing the ‘Range’ of Challenges to a Paranorma of Opportunities,” ALFA International Construction Law Seminar (August 2023)
• “Cost Plus… (Or Minus): Managing the Unique Risks of Cost Reimbursable Contracts,” ALFA International Construction Law Regional Seminar (April 2023)
• “Cost Plus or Minus: Managing Risks with Cost Reimbursable Contracts,” Advice From the Trenches Frantz Ward Construction Webinar (April 2021)
• “Contracting Trends: Emerging Issues with Cost Reimbursable Contracts,” Burns & McDonnell Eleventh Annual EPC-CLE Program, Webinar (May 2020)
• “Cost Reimbursable Contracts: Managing Risks on Infrastructure Projects,” Risk Management in Underground Construction Seminar, Houston, TX (March 2020)
• “Defining Collaboration: Legally Speaking,” Construction Management Association of America (CMAA) Ohio Chapter, Cleveland, OH (November 2019)
• “Best Practices and Potential Dangers for Sureties Bonding Set-Aside Projects,” The Guarantee Company of North America (GCNA) National Underwriting Meeting, New Orleans, LA (March 2019)
• “Unearthing the Risks of Delegated Design and Design-Assist,” Advice from the Trenches—Frantz Ward Construction Practice Seminar, Cleveland, OH (February 2019)
• “Legal Aspects of Risk Management”, The Risk Management in Undergroound Construction Course, Marina Del Ray, CA (November 2018)
• “Arbitration: Best Practices for Using Your Trial Tools in a Different Setting,” Cleveland Metropolitan Bar Association’s ABCs of ADR: Best Practices Guide for Litigators & Neutrals (October 2018)
• “Best Practices and Potential Dangers for Sureties Bonding Set-Aside Projects,” Surety Association of Ohio Fall Meeting (September 2018)
• “The Shifting Sands of Design Liability – Can You Manage to Escape It, Or Will You Struggle and Be Swallowed by the Desert?” ALFA International Practice Group Seminar, Banff, Alberta, Canada (July 2018)
• “Bringing Back the “Alternative” in Alternative Dispute Resolution” and “Good News? Or Bad? Recent Court Decisions Affecting Your Risk and Exposure,” Burns & McDonnell 9th Annual Joint In-House EPC-CLE, Kansas City, MO (May 2018)
• “Alternative Delivery, Legal & Insurance,” Panelist, Risk Management in Underground Construction, Washington, D.C. (November 2017)
• “Ohio Prompt Payment Act Update,” Lorman Education Services, Webinar (October 2017)
• “Best Practices for Underwriting and Managing Bond Risk for Federal Set-Aside SBA Contractors,” Tokio Marine HCC West Coast Conference, Long Beach, CA (March 2017)
• “Q&A Panel: Insurance Trends and Issues,” Risk Management in Underground Construction Seminar, Miami, FL (November 2016)
• “The News Was Rather Bad: A Day in the Life of a Project Gone Wrong,” ABA Forum on Construction Law Fall Meeting, Chicago, IL (October 2016)
• “Claims Documentation and Best Practices—How to Get Paid and Make a Profit,” ABC Northern Ohio Chapter Speakers Series, Independence, OH (April 2016)
• “Underground Risk Management and Market Opportunities in Latin America,” Latin America Construction, Technology and Risk Seminar, Miami, FL (April 2016)
• “Constructing the Perfect Beer in the Booming Brewery Industry,” ALFA International—2014 Construction Law Practice Group Seminar, Asheville, NC (July 2014)
• “Understanding and Managing the Risks of Bonding Federal Government Set-Aside Programs,” Private continuing education program for surety client, New Orleans, LA (May 2014)
• “Riding the Collaborative Construction Wave,” Ohio State Bar Association Convention and Annual Meeting, Cleveland, OH (May 2013)
• “What We Have Here is a Failure to Communicate: Successfully Identifying and Negotiating to ‘Yes’ on Potentially ‘Deal Killer’ Contract Provisions,” ALFA International. Construction Law Practice Group Seminar—Rebuilding America: Constructing the Road to Recovery, Colorado Springs, CO (July 2012)
• “Allocation of Risk, Reward and Responsibility to a Subcontractor Based on Choice of Project Delivery System,” American Bar Association, Forum on Construction Industry Annual Meeting, Las Vegas, NV (April 2012)
• “Large Bids/Large Risks: Perspectives from Design Team and the Specialty Contractor,” American Bar Association, Forum on Construction Law Mid-Winter Meeting, Houston, TX (February 2012)

Media Coverage

• Mentioned in, “Lawyers, Firms Receive Recognition,” Cleveland Jewish News (January 2021)
• Quoted in, “Tariffs Threaten Construction with Delays, Increased Costs,”Law 360 (June 2018)