Marc A. Sanchez

Representative Experience

• Represented a claimant construction company in a consolidated AAA Arbitration proceeding and obtained a $2.65 million settlement based upon the Respondent owner’s failure to pay remaining contract balances on three (3) separate construction projects, as well as money owed under an asset purchase agreement, loan, and settlement agreement.
• Represented a surety before the Ohio Supreme Court and was successful in having the court acknowledge that Ohio’s 10-year construction statute of repose is not limited to tort actions, but also applies to contract claims. New Riegel Local School Dist. Bd. Of Edn. v. Buehrer Group Architecture and Eng., Inc., 157 Ohio St.3d 164, 2019-Ohio-2851.
• Successfully defended construction surety against claims over $26 million based on allegations that its bonded principal negligently constructed the mechanically stabilized earth structure for a runway extension at the central West Virginia Regional Airport, which resulted in a catastrophic landslide. Central West Virginia Regional Airport v. Triad Engineering, et. al., Kanawha County (W.Va.) Circuit Court, Case No. 15-c-1022.
• Resolved claims over $11 million in 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 (OH) Common Pleas Case No. 2015CV10592.
• Defended construction surety in AAA Arbitration and resolved claims more than $18 million based on allegations of negligent design and construction of a hospital curtain wall system in downtown Chicago.
• Defense award for a construction surety in AAA Arbitration (and related bankruptcy court action) defeating claims over $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 multimillion-dollar residence. Peter D. Sullivan and Judith M. Andreano v. Robert L. Waldock, Erie County (OH) Court of Common Pleas, Case No. 2009-CV-0880.
• Successful prosecution of claims for violations of Ohio’s Fairness in Contracting Act. J. Mahan Construction Co. v. Mohawk Re-Bar Services, Inc., 5th Dist. No. 2004CA00387, 2005-Ohio-5427.
• Tried multi-party, multimillion-dollar lawsuit involving allegations of defective construction of a United States Army Corps of Engineers project in Palm Beach County, Florida.
• Successfully mediated a multimillion-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 & Admissions

Education

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

 Bar and Court Admissions

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

Involvement

Professional Affiliations

• American Arbitration Association, Construction Industry Neutral (2013 – Present)
• Construction Lawyers Society of America, Charter Fellow (2017 – Present)
  • Order of Equitas
  • Barrister
• Cleveland Metropolitan Bar Association, Member (1994 – Present)
• Eighth District Judicial Conference, Life Member
• National Bond Claims Association, Member (2017 – Present)
• Surety Association of Ohio, Member (2017 – Present)
• ABA Division 7, Member (2017– Present)

Community Involvement

• Cleveland Leadership Center, Board Member (2015 – 2024)
• Greater Cleveland Sports Commission, Board Member (2014– 2018)
• The Centers, Emeritus Director (2018 – Present)
  • Board Member (2011 – 2018)
• Cleveland Leadership Center, Leadership Cleveland (Class of 2013)

Awards & Honors

• Recognized by Best Lawyers® in Construction Law (2015 – Present) and Litigation-Construction (2022 – Present)
• Ranked by Chambers USA: America’s Guide to Leading Lawyers for Business in Construction (2015 – 2017, 2021 – Present)
• Recognized by Ohio Super Lawyers (2017 – Present)
• Listed as AV Preeminent Peer Review Rated by Martindale-Hubbell
• Recognized by Profiles in Diversity Journal’s inaugural International Latino Leaders Worth Watching list (2021)
• 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 “40 Under 40” by Crain’s Cleveland Business (2002)

Publications

• “Are Changes Coming to EDGE in Ohio?” Frantz Ward On The Level (May 2024)
• “Risks, Remedies for Adaptive Reuse Projects,” Properties Magazine (March 2024)
• “Submittals, Shop Drawings, and RFIs Oh, My!” Frantz Ward On the Level (May 2023)
• “Ohio Construction Law Changes for 2022” Properties Magazine (May 2022)
• “Enforcing Construction Arbitration Is Not Always as Simple as it Seems,” Frantz Ward On the Level (May 2022)
• “Insurance Coverage for Negligent Construction and Defective Design,” Chapter 7 of the ABA’s Construction Defects (2nd Edition 2021)
• “Maintaining Culture, Productivity and Safety in Today’s Remote Workplace,” Properties Magazine (February 2021)
• “Frantz Ward Construction Group Wins in Ohio Supreme Court,” Construction Employers Association (CEA) News Alert (July 2019)
• “Construction Contracts: One Size Does Not Fit All,” Properties Magazine (October 2018)
• “The Ohio Supreme Court Will Review Ohio’s Construction Statute of Repose,” Frantz Ward On The Level (May 2018)
• ALFA 50 State Construction Law Compendium Ohio Chapters on Statute of Limitations and Repose, Insurance Coverage and Allocation Issues, and Contractual Indemnity (2018)
• “Risky Business: Examining the Five-Step Process of Construction Risk Management,” Properties Magazine (August 2016)
• “Allocation of Insurance Coverage for Long-Tail Losses,” ABA Under Construction Division Newsletter (August 2016)
• “Arbitration: Did You Get What You Bargained For?” Properties Magazine (July 2014)
• “Bad Faith Claims and Performance Bonds,” The Construction Lawyer (Summer 2013)

Presentations & Lectures

• “Accessing Insurance Coverage After the Loss,” National Bond Claims Association Annual Meeting Lake Oconee, Georgia (October 2024)
• “Best Practices for Building and Maintaining Bonding Capacity,” Advice From the Trenches Frantz Ward Construction Seminar (September 2024)
• “Scope, Time & Price,” Construction Assistance Association (May 2024)
• “Construction Defect Insurance,” American Bar Association webinar (May 2024)

• “Performance Bond Obligations After Substantial Completion,” National Bond Claims Association Annual Meeting Horseshoe Bay, Texas (October 2023)
• “Coverage Gaps: Best Practices for Insurance Risk Transfer,” Advice From the Trenches Frantz Ward Construction Seminar (September 2023)
• “Performance Bonds and Commercial Liability Insurance: Understanding the Differences and Overlap,” ALFA Construction Group Practice Meeting Whistler, Canada (July 2023)
• “Performance Bonds and CGL Insurance in Construction Projects: Navigating Interplay Between Insurance and Surety,” Strafford Webinar (April 2023)
• “IPD Deep Dive: Understanding the Costs and Benefits of IPD and the Critical Contract Provisions That Lead to Success,” Advice From the Trenches Frantz Ward Construction Webinar (April 2021)
• “Contractual and Workforce Issues Related to the Coronavirus Outbreak,” Construction Employers Association (CEA) Webinar (March 2020)
• “Scope, Time and Price,” Northeast Ohio Hispanic Center for Economic Development’s Construction Opportunities Fair, Cleveland, OH (February 2020)
• “Legal Update: Contract Claims are Barred After 10 Years,” Construction Employers Association (CEA) Podcast (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)
• “Minimizing Risks and Maximizing Recovery for Defective Workmanship and Property Damage,” Strafford Webinar (February 2019)
• “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 Annual Meeting, Pinehurst, NC (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,” Construction Employers Association 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. (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, 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)

• “Disadvantaged and Minority Business Programs,” 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)

Media Coverage

• Mentioned in, “Lawyers, Firms Receive Recognition,” Cleveland Jewish News (January 2021)
• Quoted in, “Ohio Top Court Nixes Easy Path on Building Defect Coverage,” Law 360(October 2018)
• Quoted in,  “Ohio May Fall in Line with Construction Defect Coverage,” Law 360 (July 2018)