Summary

Construction Experience
Earl has substantial experience handling complex, multi-party delay and defect claims, disputes over insurance coverage and defense, and claims against sureties. He has represented owners, contractors, subcontractors, and sureties. He is listed in Best Lawyers in America and Chambers USA for his work in the area of construction law. Earl is also a Fellow in the Construction Lawyers Society of America.

Real Estate Experience
Earl also has substantial experience with real estate litigation, including commercial foreclosures on offices buildings, hotels, manufacturing facilities, and warehouses, disputes relating to commercial leases, easements, and condominiums, and with receiverships, partitions, and condemnations.

Trial Experience 
Earl has litigated hundreds of complex commercial cases, many through trial or arbitration, including jury trials. Besides construction and real estate cases, he has handled many other commercial disputes, particularly in defending against claims for fraud and fraudulent transfer.

Alternative Dispute Resolution
Earl utilizes mediation regularly, creatively, and successfully to accomplish efficient, economical dispute resolution for clients.

Awards

All Service Areas

Education

  • Salmon P. Chase College of Law - Northern Kentucky University (1991)
  • University of Cincinnati (1984)
  • United Wesleyan College (1977)

Admissions

  • Federal - 6th Circuit Court of Appeals
  • Federal - Southern District of Ohio
  • State - Ohio

Notable Matters

  • JPMCC 2004-CIBC10 7th Street Office, LLC v. URS Tower, LLC, 2013 -Ohio- 796, 987 N.E.2d 348 (First District Court of Appeals)
  • Bank of America, N.A. v. Corporex Realty & Investment, LLC, 875 F. Supp. 2d 689 (S.D. Ohio 2012)
  • Pierce Point Cinema 10, LLC v. Perin-Tyler Family Foundation, LLC, 2012 WL 5306126 (12th District Ohio Court of Appeals)
  • United States ex rel., Rieck Group, LLC v. Monarch Constr. Co. (U.S. District Court, S.D. Ohio 2009), 2009 WL 3227325
  • Waste Mgmt. v. Danis Indus. Corp. (U.S. District Court, S.D. Ohio 2009), 2009 WL 347773
  • RPD Long Beach v. Tranter-Hare Inv. Bldg. Corp. (U.S. District Ct., S.D. Ohio 2008), 2008 WL 269444
  • Knowlton Const. Co. v. Liberty Mutual Ins. Co. (U.S. District Court, S.D. Ohio 2008), 2008 WL 7766874
  • Ohio Dept. of Administrative Services v. Design Group, Inc. (Ohio App. 10th Dist. 2007), 2007 WL 4171131, 2007 -Ohio- 6278
  • Knowlton Const. Co. v. Liberty Mutual Ins. Co. (U.S. District Ct., S.D. Ohio 2007), 2007 WL 4365690
  • Kohlbrand v. Ranieri (2005), 159 Ohio App.3d 740, 823 N.E.2d 76, 2005 -Ohio- 295 (2005)
  • Gordon Constr., Inc. v. Peterbilt of Cincinnati, Inc. (Ohio App. 12th Dist., 2004), 2004 WL 2849221, 2004 -Ohio- 6662
  • Waste Mgmt., Inc. v. Danis Indus. Corp. (U.S. District Ct., S.D. Ohio 2004), 2004 WL 5345389
  • Gordon Constr., Inc. v. Peterbilt of Cincinnati, Inc.(Ohio App. 12th Dist., 2003), 2003 WL 22227380, 2003 -Ohio- 5111
  • Waste Mgmt., Inc. v. Danis Indus. Corp. (S.D. Ohio 2003), 247 F. Supp. 2d 1076
  • Kent v. Cincinnati Ins. Co. (Ohio App. 12th Dist. 2001), 2001 WL 1566 969

Speeches and Publications

Taft Law Bulletins

Author, “Danger Sign For Overly Aggressive Construction Managers,” Oct. 20, 2021.

Author, “Consequential Damages: Is Your Waiver Inconsequential?” May 19, 2021.

Author, “Contractor Liable 13 Years After the Fact?” June 28, 2019.

Author, “Untimely Assertion of a Construction Claim: A Totally Avoidable Mistake,” March 5, 2019.

Author, “Contractors/Owners: Watch What You Say When a Dispute Arises,” Aug. 14, 2018.

Author, “Contractors: Pause and Think Before You Hit That Send Button,” March 26, 2018.

Author, “Prompt Pay Act: Great Asset for Subs, Major Danger for General Contractors,” Jan. 30, 2017.

Author, “Ouch! Contractor’s Claim Rejected For Untimely Notice,” Feb. 15, 2016.

Professional Affiliations

  • American Bar Association

    Member

  • Cincinnati Academy of Leadership for Lawyers (CALL)

    Member, Class V

  • Cincinnati Bar Association

    Member

  • Construction Lawyers Society of America

    Fellow

  • Federal Bar Association

    Member

  • Ohio State Bar Association

    Member

  • Ohio State Bar Foundation

    Fellow

Community Involvement

  • Volunteer Lawyers for the Poor Foundation

    Board Secretary

  • Taft Museum of Art

    Board Member

  • Park Place at Lytle

    Member, Condominium Board

  • Taft Pro Bono Committee

    Member