Summary

With over 25 years in his practice, Lowell has significant experience serving clients in all aspects of construction litigation, including serving 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 represents clients in matters of construction disputes, commercial foreclosure actions, labor and employment claims and litigation, insurance defense and first party claims, and general commercial disputes. He also has experience addressing 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, and leads presentations 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 Alternative Dispute Resolution. 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 is highly successful and recognized in his field, receiving numerous awards over the years. He received the prestigious Martindale Hubbell Distinguished designation for “Very High Rating in both Legal Ability and Ethical Standards” since 2016 and is recognized since 2019 as a Best Lawyer in America in Litigation – Construction and Construction Law. He also named the Dayton 2022 Best Lawyers “Lawyer of the Year” for Litigation – Construction Law.

Within the firm, Lowell serves on the Taft Pro Bono Committee, a group dedicated to connecting attorneys in each Taft office with pro bono work within their communities. Lowell is also engaged in several professional and community organizations outside of Taft, including the American Bar Association, Construction Financial Management Association - Miami Valley Chapter, Associated Builders and Contractors of Ohio Valley, and the Ohio Valley Construction Education Foundation.

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 (Oct. 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

  • Construction Lawyers Society of America

    Fellow

Community Involvement

  • March of Dimes - Miami Valley Division

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

  • Taft Pro Bono Committee

    Member