Summary

Lowell concentrates his practice in the area of commercial litigation, with an emphasis on construction disputes, commercial foreclosure actions, labor and employment claims and litigation, insurance defense and first party claims, and general commercial disputes. In his construction practice, he represents general contractors, subcontractors, suppliers, owners, design professionals, sureties and other participants in the industry on a wide range of issues arising from private and public construction projects. Lowell has significant experience with litigation involving public bid disputes, mechanics’ liens,  bond claims, defective design and installation, change order and additional scope claims, claims for delay, acceleration and associated damages, wrongful termination and project abandonment disputes, warranty claims and commercial foreclosure. In addition to litigating such matters, Lowell routinely engages in contract drafting and due diligence, provides guidance and training to construction clients on a wide range of issues, and presents on various construction-related topics through educational programs, trade groups and firm sponsored programs. With respect to labor and employment issues, Lowell provides employer counseling and representation in federal and state courts, administrative proceedings and ADR. He also frequently represents businesses and individuals in insurance related matters, including first and third party claims. Beyond the above, Lowell engages in general commercial litigation and provides client counseling on a broad scope of business disputes and issues.

Lowell received his undergraduate degree from Indiana University and his law degree, magna cum laude, from Indiana University School of Law. He is admitted to practice law in the states of Ohio and Indiana, in the United States District Courts for the Southern District of Ohio, Northern District of Ohio, Northern District of Indiana and Southern District of Indiana, and in the United States Court of Appeals for the Sixth and Seventh Circuits. Lowell was recognized in the 2019 edition of the Best Lawyers in America for Litigation-Construction, and received the Martindale Hubbell Distinguished designation for "Very High Rating in both Legal Ability and Ethical Standards" in 2016, 2017, and 2018. He is also a member of the American Bar Association and the ABA Forum on Construction Law. In addition, Lowell is a graduate of the 2013 Associated Builders & Contractors Construction Leaders Program, and a graduate of the Leadership Dayton Program, Class of 2011. Lowell is also on the Board of Trustees for the Ohio Valley Educational Foundation and a committee member of the Ohio Valley ABC Government Affairs Strategy team. He has been active in the March of Dimes – he was the chair of the board of trustees for the March of Dimes, Miami Valley Division, during 2014 and 2015, and was a member of the board from 2006 through 2015 and still actively supports the mission.

Awards

All Service Areas

Education

  • Indiana University - Robert H. McKinney School of Law (1994)

    Magna Cum Laude

  • Indiana University (1986)

Admissions

  • Federal - Southern District of Ohio
  • Federal - Northern District of Ohio
  • Federal - Southern District of Indiana
  • Federal - Northern District of Indiana
  • Federal - 6th Circuit Court of Appeals
  • Federal - 7th Circuit Court of Appeals
  • State - Ohio
  • State - Indiana

Speeches and Publications

  • Construction Claims and Collection Strategies; Ohio Concrete (May 8, 2018)
  • Construction Claims and Collection Strategies; Ohio Concrete (Dec. 7, 2017)
  • Unfair Contract Clauses and Strategies to Deflect their Impact; Associated Builders & Contractors, Inc (Dec. 7, 2017)
  • Construction Law Developments - Significant 2017 Court rulings; Subcontractors Association Western Ohio (Nov. 2, 2017)
  • Unfair Contract Clauses and Strategies to Deflect their Impact; Subcontractors Association Western Ohio (Nov. 2, 2017)
  • Construction Claims & Collection Strategies; Subcontractors Association Western Ohio (Nov. 2, 2017)
  • Construction Law Developments; Significant 2017 Court Rulings (October 5,2017)
  • Ohio Mechanics Lien Law (Jan. 12, 2017)
  • Mechanics' Liens and Collection Strategies: Understanding, Protecting, and Pursuing your Rights and Remedies;Associated Builders & Contractors,Inc (Oct. 20, 2016)
  • Best Practices and Strategies to Pursue Compensation for Additional Work. (Oct. 20, 2016)
  • Best Practices for Recovery of Claims for Additional Compensation (April 22,2016
  • Essential Issues for Construction Contracts and Subcontracts (Aug. 5, 2016)
  • Fair Compensation: Best Practices for Additional Compensation Claims; Associated Builders and Contractors, Inc. (Oct. 15, 2015)
  • Critical Mistakes on a Project…Who Pays? (March 26, 2015)
  • Lessons Learned: Avoiding Common Mistakes in the Claims Process; Associated Builders and Contractors, Inc. (Oct. 23, 2014)
  • Construction Claims: Essential Claims Strategies to Secure Full Payment for all Work Performed (Jan. 27, 2014)
  • Legal Services and Ethics in the Construction Industry; Associated Builders and Contractors, Inc. (Oct. 10, 2013)
  • Entering Into Construction Contracts and Subcontracts; HalfMoon Education, Inc. (Aug. 21, 2013)
  • Construction Contracts; Associated Builders and Contractors, Inc. (Nov. 15, 2012)
  • Construction Claims and Liens; Associated Builders and Contractors, Inc. (July 19, 2012)
  • Construction Law and Claims: Understanding Your Risks, Rights and Remedies in the Construction Industry; Associated Builders and Contractors, Inc. (May 17, 2012)
  • Mechanics’ Liens and Defensive Strategies; Miami Valley Land Title Association (Sept. 7, 2011)
  • Inspecting Construction Projects: Understanding and Limiting Your Exposure; American Society of Civil Engineers (Feb. 24, 2011)
  • Getting Paid: Understanding and Pursuing your Rights and Remedies in the Construction Industry; Associated Builders and Contractors, Inc. (Nov. 9, 2010)
  • Mechanics’ Liens and Collection Strategies; Associated Builders and Contractors, Inc. (March 18, 2010)
  • Mechanics’ Liens and Collection Strategies; Associated Builders and Contractors, Inc. (Dec. 4, 2008)
  • Construction Contracts and Claims; A Piece of the Action 2008 (Aug. 25, 2008)
  • Ohio Mechanics’ Liens and Other Collection Strategies; Associated Builders and Contractors, Inc. (Jan. 17, 2008)
  • Kentucky Fairness in Construction Act; Associated Builders and Contractors, Inc. (Nov. 14, 2007)

Professional Affiliations

  • American Bar Association

    Member

  • American Bar Association Forums

    Member - Construction Law

  • Construction Financial Management Association - Miami Valley Chapter

    Board Member

  • Associated Builders and Contractors

    Member

  • Ohio Valley Construction Education Foundation

    Board Member

  • Ohio Valley ABC Government Affairs Strategy Team

    Committee Member

Community Involvement

  • March of Dimes - Miami Valley Division

    Board Member (2006-2015)
    Board Chair (2013-2015)