Summary

Dan represents contractors, subcontractors, design professionals, owners, and sureties in all aspects of construction, from cradle to grave. Dan counsels clients on project delivery, risk management, and contract negotiation. He is also an experienced trial lawyer who has litigated before state and federal courts, the Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), the Government Accountability Office (GAO), local, state, and federal agencies and arbitration before various tribunals, including the American Arbitration Association (AAA). Dan has successfully prosecuted and defended complex construction claims involving delay, inefficiency, changes, and defective work.

In addition to his construction practice, he does substantial work for clients involved in federal government contracting. Before entering private practice in 1997, Dan served on active duty in the United States Air Force where he worked for the Air Force Materiel Command (AFMC) as a government contracts trial attorney, where he defended the Air Force from contractor claims. Since then, he has counseled contractors regarding compliance, bid protests, claims and investigations on a wide variety of government contracts, including domestic and international construction, environmental, utilities contracts, non-personal services, commercial and non-commercial items, NISH, Randolph-Sheppard, DARPA contracts, and Other Transaction Agreements (“OTAs”). Dan advises federal government contract clients in manufacturing, telecommunications, distribution, construction, and services industries.

Awards

  • Honoree, Best Lawyers in America®

    (2005 - present)

  • Honoree, Ohio Super Lawyers

    (2014 - present)

  • Honoree, Ohio Super Lawyers Rising Stars

    (2005 - 2007)

Education

  • Georgetown University Law Center (1992)
  • Miami University (1989)

    cum laude
    Miami University John Dolibois European Center, 1987-1988

Admissions

  • State - Ohio
  • Federal - Northern District of Ohio
  • Federal - U.S. District Court for the Southern District of Ohio
  • Federal - U.S. Court of Appeals for the Armed Forces
  • Federal - U.S. Court of Federal Claims

Notable Matters

Federal Government Contracts: Construction Matters

  • Successfully defended protest of Department of State, Bureau of Overseas Building Operations (DOS OBO) contract for construction of diplomatic construction project under the Percy Amendment.
  • Brought successful bid protest before the Government Accountability Office against the Department of Defense (DoD), involving a $500 million construction management contract concerning the relocation of U.S. Marines to Guam.
  • Litigated and favorably settled a multi-million dollar claim involving Army Corps of Engineers’ Everglades restoration project in South Florida.
  • Represented ENR Top 10 contractor in preparation of claims involving Naval Facilities Command (NAVFAC) project in Northern Africa.
  • Litigated HUB-Zone contractor dispute involving large Hawaiian business’ claim in 3-day hearing (via Zoom) in U.S. Bankruptcy Court in Hawaii.
  • Prosecuted and favorably resolved multi-million dollar disputes involving design-build runway construction at an east coast U.S. Air Force base.
  • Successfully prosecuted Miller Act surety bond claims on behalf of large business subcontractor against HUB-Zone contractor on large South Florida civil project.
  • Favorably resolved a construction supply dispute using alternative dispute resolution at the ASBCA, in a case involving precast structures and marine shipping issues.

Federal Government Contracts: Non-Construction Matters

  • Successfully protested numerous DoD procurement actions involving goods, services, and environmental contracts. 
  • Represented a medical device developer regarding submission of proposal to Defense Advanced Research Project Agency (DARPA) in protection of intellectual property.
  • Prevailed on size protests before the Small Business Administration involving DoD regional hospital maintenance and cleaning contracts.
  • Obtained temporary restraining order and preliminary injunction against the Marine Corps involving improper limitations imposed in violation of the Randolph-Sheppard Act.
  • Represented Air Force AbilityOne (formerly NISH) contractor on multiple Air Force contract claims involving Javits-Wagner-O’Day Act contracts for custodial services.
  • Represented a federal supply contractor during investigation and mandatory disclosure involving General Services Administration (GSA) Federal Supply Schedule (FSS) contract.
  • Represented a federal contractor in multiple bid protests involving Federal Emergency Management Agency (FEMA).
  • Prosecuted and resolved a million-dollar claim against the United States Missile Defense Agency (MDA) involving environmental and geotechnical engineering investigation in Northern Poland.
  • Represented major defense contractor in defending overpayment and interest claim asserted by the Defense Finance Accounting Service (DFAS).
  • Advised government contractor with respect to submission of DoD OIG investigation request for government employee ethical misconduct and attempted coercion to obtain illegal gratuities.

Other State, Local and Commercial Construction Matters

  • Litigated and resolved dispute involving heavy highway asphalt paving subcontract for major highway contractor.
  • Obtained a temporary restraining order, prosecuted and successfully resolved State bid protest relating to $250 million sewer project in northern Ohio.
  • Successfully represented heavy highway contractor in matter in which Ohio Supreme Court confirmed contractor’s right to recover unabsorbed home office overhead damages under Eichleay formula.
  • Defended ENR Top Ten engineering firm in a defective design claim involving asphalt pavement design for Southern California Airport.
  • Successfully prosecuted subcontractor claims overcoming Pay-If-Paid defenses where project owner declared bankruptcy.
  • Obtained multi-million dollar judgment in Ohio Court of Claims for cumulative impact claims involving delays and inefficiency involving public university.
  • Advised contractor and favorably resolved claims and other issues involving runway reconstruction projects in Charlotte, NC and Nashville, TN.
  • Obtained a multi-million dollar jury verdict for a general contractor against public owner for municipal wastewater treatment plant project involving extra work claims under Spearin doctrine.
  • Successfully defended client against inefficiency claims by drywall contractor in a two-week jury trial, resulting in complete verdict in favor of general contractor.
  • Successfully resolved a private university's claim of defective HVAC design against mechanical engineer and architect.
  • Represented an international contractor in contractor and engineering licensing issues throughout the United States.
  • Successfully prosecuted multiple claims involving defective design of concrete bridges on projects awarded by the West Virginia Division of Highways.
  • Successfully defended a $12 million defective work claim involving bridge painting projects performed for the Ohio Department of Transportation (ODOT).
  • Successfully defended a multi-million dollar claim for extra work involving construction of a golf course in Central Ohio.

Other Non-Construction Commercial Matters

  • Successfully resolved multi-million dollar nuisance litigation involving more than 200 plaintiffs seeking injunctive relief and damages against a regional landfill.
  • Obtained arbitration award in favor of a steel supplier under Uniform Commercial Code (UCC) Article 2, Sale of Goods.
  • Defended product liability/tort claim involving Legionnaire’s Disease.
  • Represented a medical software provider in protecting proprietary information from disclosure under Ohio Public Records Act/Freedom of Information Act (FOIA) statutes.
  • Represented a defrauded corporation in recovery of embezzled funds from its former CFO.

Speeches and Publications

  • “Masters Institute of Construction Law,” Thompson Hine seminar
  • “Construction Claims,” Associated General Contractors, Young Constructors Forum
  • “Understanding The Construction Process From The Developer’s Perspective,” Lorman Educational Services
  • “Construction Law,” Ohio State Bar Association
  • “Nuts and Bolts of Mechanic’s Liens” “Construction Claims for Public Entities in Ohio”
  • “Risk Management,” Columbus Engineer’s Club
  • “A Comprehensive Guide to Resolving Construction Disputes,” Lorman Educational Services
  • “Ohio Construction Law: What to Do When …”, National Business Institute
  • “Recovery of Unabsorbed Home Office Overhead in Ohio: Complete General v. ODOT,” Columbus Bar Association, Construction Law Committee
  • “Construction Claims In Ohio,” Lorman Educational Services
  • Chapter author: Ohio Construction Law Manual, West Publishing

Professional Affiliations

  • Ohio State Bar Association

    Member, Construction Law Subcommittee

  • Columbus Bar Association

    Member, Construction Law Committee

  • American Bar Association

    Member, Section of Public Contract Law