Overview

Marc devotes his entire practice to construction law, representing contractors, specialty contractors, subcontractors, owners, developers, design professionals and sureties. He has extensive experience with construction-related litigation, mediation, arbitration, claims management, claims avoidance, insurance coverage and contract negotiation. Marc serves as an arbitrator for the American Arbitration Association and is a Charter Fellow in the Construction Lawyers Society of America. He is named to the Ohio Super Lawyers list, The Best Lawyers in America and is voted AV Preeminent by Martindale-Hubbell.

Practices

    • Resolved multi-million dollar loss involving a wastewater treatment plant based on allegations of negligent design and construction in Northstar Residential Development, LLC, v. Mack Industries, Inc. Franklin County Common Pleas Case No. 2015CV10592.
    • Defended construction surety in AAA Arbitration and resolved claims in excess of $18 million based on allegations of negligent design and construction of a hospital curtain wall system.
    • Drafted IPD Contract Project Synopsis and Preconstruction Agreement for mixed-use development in downtown Cleveland. 
    • Successfully defended a construction surety in AAA Arbitration and bankruptcy court against claims in excess of $32 million based on allegations that its bonded principal, a mechanical contractor, improperly installed millions of dollars worth of process piping.
    • Successful in overturning trial court decision and compelling arbitration of the claims of over 20 subcontractors in connection with the construction of the new FBI Headquarters in Indianapolis, Indiana. Welty Building Co. Ltd. v. Indy Fedreau Co., LLC, 985 N.E. 2d 792, 2013 Ind. App. LEXIS 152, April 24, 2013.
    • Obtained a $667,000 jury verdict in case involving fraud in the sale of a multi-million dollar residence. Peter D. Sullivan and Judith M. Andreano v. Robert L. Waldock, Erie County Court of Common Pleas, Case No. 2009-CV-0880.
    • Successful prosecution of claims for violations of Ohio’s Fairness in Contracting Act. C.J. Mahan Construction Co. v. Mohawk Re-Bar Services, Inc., 5th Dist. No. 2004CA00387, 2005-Ohio-5427.
    • Tried multi-party, multi-million dollar lawsuit involving allegations of defective construction of a United States Army Corps of Engineers project in Palm Beach County, Florida.
    • Successfully mediated a multi-million dollar lawsuit in a case involving alleged defective work relating to construction of medical facility in Akron, Ohio.
    • Negotiated settlement of defective construction claim involving roof construction, including significant insurance coverage issues.
  • Education

    • Stanford Law School, J.D., 1991
    • Duke University, A.B., with Honors, 1988

    Admissions

    • State of Ohio
    • State of New Hampshire
    • U.S. Court of Appeals, Sixth Circuit
    • U.S. District Court, Northern District of Ohio, Southern District of Ohio and District of New Hampshire
  • Professional Affiliations

    • American Arbitration Association—Construction Industry Panelist (2013-Present)
    • Construction Lawyers Society of America - Charter Fellow; Order of Equitas, Barrister (2017-Present)
    • Cleveland Metropolitan Bar Association—Member (1994-Present)
    • Eighth District Judicial Conference—Life Member
    • Diversity Law Institute - Member (2017-Present)
    • Trial Law Institute - Member (2017-Present)
    • Hispanic Leaders Alliance - Inaugural Class of 2018

    Community Involvement

    • Cleveland Leadership Center—Board Member (2015-Present)
    • Greater Cleveland Sports Commission—Board Member (2014-Present)
    • Cleveland Leadership Center, Leadership Cleveland (Class of 2013)
    • The Centers—Board Member (2011-2018), Emeritus Director (2018-Present)
    • Named to Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Construction (2015-2017)
    • Named to The Best Lawyers in America in the area of Construction Law (2015-2019)
    • Named to the Ohio Super Lawyers list (2017-2018)
    • AV Preeminent Peer Review Rated—Martindale-Hubbell
    • Recipient of the Volunteer of the Year Award—El Barrio Workforce Development Program (2017)
    • Recipient of the NFL Hispanic Heritage Foundation Leadership Award (2012)
    • Named to the “40 Under 40” by Crain’s Cleveland Business (2002)
    • "Accessing Insurance Coverage for Construction Defect Claims," Ohio Farmers Insurance Company Legal Seminar, Cleveland, OH (November 2018)
    • "Hot Topic: Ohio Northern University Case," American Bar Association Division 7, Webinar (November 2018)
    • "Accessing Insurance Coverage for Construction Defect Claims," National Bond Claims Association Conference (October 2018)
    • "Ohio Supreme Court Update," Surety Association of Ohio Fall Meeting (September 2018)
    • “Types of Construction Contracts: Evaluating Their Risks and Rewards for Different Parties,” National Business Institute, Cleveland, OH (December 2016)
    • “Shop Drawings and Submittals,” CEA Frantz Ward Legal Series, Cleveland, OH (November 2016)
    • “Defending Surety Bad Faith Claims Amid Differing State Standards,” Surety Association of Ohio, Webinar (October 2016)
    • "Performance Bonds and CGL Insurance in Construction Projects: Navigating the Interplay Between Insurance and Surety," Strafford Publications, Inc., Webinar (September 2016)
    • “Construction Payment and Performance Bond Bad Faith Litigation: Bringing or Defending Claims Amid Differing State Standards,” Strafford Publications, Inc., Webinar (June 2016)
    • “Subterranean Construction, ” Latin America Construction, Technology and Risk Seminar, Miami, FL (April 2016)
    • “Allocation of Insurance Coverage for Ongoing Losses,” American Bar Association, Section 7, Hot Topic Presentation, Teleconference (November 2015)
    • “Managing Construction Disputes to Avoid Costly Litigation,” Construction Employers Association (CEA), Independence, OH (April 2015)
    • “Protecting Against Waiver of the Attorney-Client Privilege and Work Product Doctrine,” Frantz Ward Seminar, Cleveland, OH (February 2014)
    • “Bad Faith Claims Against Performance Bonds,” American Bar Association, Section 7, 50 State Update, Teleconference (January 2013)
    • “Best Practices for Bonding Government Set-Aside Programs,” National Association of Independent Sureties, Westfield, OH (March 2011)
    • “Scope, Time and Price,” Northeast Ohio Hispanic Chamber of Commerce, Cleveland, OH (March 2011)
    • “Contractual Indemnification and Additional Insureds,” CEU Institute, Erie, PA (February 2011)
    • “Independent Counsel for the Insured and Allocation of Loss Among Policies,” CEU Institute, Erie, PA (Summer 2010)
    • “Effective Handling of CGL Claims for Defective Construction,” National Business Institute, Cleveland, OH (Fall 2009)
    • “Recoupment of Non-Covered Defense Costs, Equitable Subrogation and Agent/Broker Liability,” National Business Institute, Cleveland, OH (Fall 2008)