Construction Law. SERVICE AREA CONTACT(S) Terrence L. Brookie

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1 SERVICE AREA CONTACT(S) Terrence L. Brookie ATTORNEYS Tonya J. Austin Kevin L. Barley Dean R. Brackenridge Terrence L. Brookie Scott R. Brown Luke J. Busam Holly L. Clarke Kevin L. Colosimo Steven M. Crawford N. Adam Dietrich II Daniel F. Edwards Justin S. Fowles Thomas L. Gabelman Julia Blackwell Gelinas William C. Gullett D. Scott Gurney Christopher S. Habel Noah M. "Chip Hicks II John S. Higgins Kristen Webb Hill Ericson P. Kimbel Joshua N. Kutch Kevin K. Malof C. Michael Shull, III J. Alexander Strohm William (Will) Marshall Swann E. Todd Wilkowski Stephen P. Withee OTHER PROFESSIONALS Margaret M. Grossman RELATED PRACTICES Appellate Counseling & Risk Management Today, the construction industry needs counselors and advocates who understand construction. Lawyers who can help minimize risks, protect legal rights and preserve their bottom line. With skilled construction attorneys across the region, we provide advice and solutions that are beyond measure. Construction Services for Contractors Day after day, FBT's Group provides CMs, GCs, and trade and specialty contractors with the innovative legal solutions they need to protect their interests and preserve their bottom line including: Risk management/best practices counseling and training Contract negotiation, review and counseling Claims and dispute resolution (including defect and schedule impact claims) Bid disputes Mechanics' liens and payments disputes Mediation and arbitration (as advocates and neutrals) Litigation Insurance counseling and claims Surety bond counseling and claims Other Services We are an active business partner to our clients helping them to succeed. We're able to work across disciplines and across the map providing contractors a full range of legal services covering every aspect of their businesses including: Labor and Employment Workers' Compensation OSHA Environmental Immigration Lending and Commercial Development Real Estate Business/Corporate

2 Environmental Labor and Employment Land Use and Zoning Lending and Finance Litigation Public and Project Finance Real Estate Real Estate Development for Health Care Facilities Shopping Center/Retail Development Workers Compensation RELATED INDUSTRIES Construction Distribution, Transportation and Logistics Energy and Natural Resources Health Care Insurance Manufacturing Personal and Succession Planning Connected to the Construction Industry To stay current on issues affecting our construction clients, we are active members of local, regional and national construction trade and bar associations including: Allied Construction Industries (AGC of Cincinnati) American Bar Association (Forum on Construction Industry; Construction Litigation Subsection; Fidelity and Surety Law Committee) American College of yers (Terry Brookie, Fellow) Asphalt Paving Association of Indiana Associated General Contractors (Ohio, Indiana, Tennessee) Association of Insurance Professionals Builders Exchange of Central Ohio Construction Financial Managers Association (Indiana, Kentucky) Design Build Institute of America (Indiana Chapter) Indiana Construction Association (AGC of Indiana) International Association of Defense Counsel (Steven Strawbridge, Board Member) Kentucky Association of Highway Contractors Surety Association of Indiana Surety Association of Ohio Peer Group Recognition Several members of our team are also recognized by independent evaluators and peer groups for the service we provide to construction clients. In fact, Chambers USA: America's Best Business Lawyers has ranked FBT as one of the top Firms in Ohio for seven consecutive years and Best Lawyers in America ranked us first in Indiana for. Other awards include: Chambers USA The Best Lawyers in America Legal 500 2

3 Indiana Super Lawyers Indiana Super Lawyers: Rising Stars Ohio Super Lawyers Ohio Super Lawyers: Rising Stars Our Clients Frost Brown Todd has built long-term relationships with dozens of top construction firms across the region. These clients range from smaller entrepreneurial companies to several of the larger contractors and specialty contractors in the country (as ranked by Engineering News-Record) such as Turner Construction Company and Baker Concrete Construction. Contractor Education/Resources We regularly present best practices and training seminars for construction clients and trade associations on topics ranging from risk management, claims avoidance and project documentation to key contract issues, project delivery methods and how to get paid. Each year hundreds of contractors attend our Contractor's Law Series of seminars co-sponsored by leading construction trade associations. News The Group publishes a quarterly newsletter entitled OnCite. The newsletter includes our construction attorneys' analysis and overview of recent issues and trends relevant to the construction industry. Each issue provides at least one in-depth analysis of a recent case, ruling, project or trend in Indiana, Kentucky, Ohio and Tennessee. To sign up to receive OnCite, please go to our resources page and provide the requested information. We also regularly publish articles in construction trade journals as well as other industry publications. Highlights "This team is especially adept at handling construction litigation, where it tends to represent construction companies and developers. It also counsels clients on risk management, bid disputes and public project procurement. Sources say: High-quality work at a reasonable value based on Midwestern rates.'" ~ Chambers and Partners

4 In The News May 18, 2018 State wants to develop 133 acres at Kentucky Expo Center Louisville Business First May 7, 2018 Symphony promises it will book cool bands if it gets prime Banks spot for concert venue April 5, 2018 Louisville's largest law firm names two new members Louisville Business First March 2018 Emergence of Fractional/Outsourced Trusted Business Advisory Services Goering Center for Family & Private Business, newsletter March 6, 2018 From off the wall to realistic sites, these are the unique perks Cincinnati eyed for Amazon October 27, 2017 What you should be doing now: panel discussion September 27, 2017 Reasons to get sub agreements in writing ProRemodeler August 16, 2017 Demand for lawyers with energy expertise on the uptick in Pittsburgh Pittsburgh Business Times August 10, 2017 What could a sports entertainment complex deal look like at the fairgrounds? We have some ideas Louisville Business First Spring 2017 A Material World DRI In-House Defense Quarterly May 3, 2017 DTCI: What s new with the AIA 2017 documents? The Indiana Lawyer April 21,

5 Frost Brown Todd adds member and senior associate Nashville Post April 13, 2017 Frost Brown Todd adds two Nashville members Nashville Post April 5, year-old statute being increasingly used for public-private partnership agreements The Indiana Lawyer February 22, 2017 One of Cincinnati s largest law firms expands in Great American Tower Cincinnati Busienss Courier December 14, 2016 Energy ebbs; Pittsburgh law firms readjust Pittsburgh Business Times October 27, 2016 Law firm takes space in Union Trust Building Pittsburgh Business Times September 23, 2016 The Courier's 2016 Forty Under 40 class in six words September 1, 2016 Carter working on next phase of the Banks as quickly as possible September 1, 2016 The Banks gets more parking, street extension The Cincinnati Enquirer August 17, 2016 Banks project gets national recognition June 27, 2016 MSD board lifts suspension of concrete suppliers, citing incorrect clearance of business arrangement given by agency in 2010 Insider Louisville May 14, 2016 These lawyers are community assets Indianapolis Business Journal 5

6 May 6, 2016 The Banks developers don t want to lose control of momentum May 3, 2016 Courier hosts 2016 Commercial Real Estate Developers Power Breakfast April 12, 2016 Estoppel by deed applies to gas lease, court rules The Legal Intelligencer April 12, 2016 How big law firm merger could shake up Pittsburgh Pittsburgh Business Times April 1, 2016 Service companies forced to regroup as energy slump lingers Pittsburgh Business Times March 24, 2016 SkyHouse Cincinnati design praised by review board December 17, 2015 Exclusive: New law firm takes space downtown Pittsburgh Business Times November 4, 2015 Falcon: Are no-damage-for-delay clauses enforceable? Indiana Lawyer October 25, 2015 Complex money deals spawned Liberty Center October 10, 2015 With money, Fort Washington Way could mimic Columbus example Cincinnati Enquirer October 9, 2015 Habel takes reins at Frost Brown Todd after helping steer through recession October 6, 2015 One of Cincinnati's largest law firms names a new leader September 18,

7 Minority contractor says it had MSD approval The Courier-Journal April 17, People to Know: Law Louisville Business First February 17, 2015 New construction jobs rise 15 percent in Louisville Louisville Business First January 27, 2015 Corporate Cincinnati needs lawyers January 2, 2015 One man s dream, now a 150-acre park Cincinnati Enquirer September 26, 2014 Meet 3 powerful Cincinnati women who are saying no to the status quo September 11, 2014 What happens when a business like Tumbleweed faces eviction? Louisville Business First September 4, 2014 Construction spending is up again nationally, but construction jobs in Louisville aren t increasing Louisville Business Journal August 21, 2014 Mt. Pleasant company donates $30,000 The Daily Herald August 14, 2014 Construction industry jobs continue to increase, but not in Louisville Louisville Business First August 1, 2014 Risk Management - Deal Killer or Opportunity Enhancer? Goering Center for Family and Private Business Newsletter June 27, 2014 Deal of the decade: Breaking down GE at the Banks June 23,

8 Done Deal: GE coming to the Banks WVXU-FM August 10, 2011 Judge: Kenwood Towne Place can be sold Cincinnati.com Press Releases August 15, Frost Brown Todd Attorneys Listed in The Best Lawyers in America 2019 May 18, 2018 Attorneys from Frost Brown Todd s Pittsburgh Office Recognized in Pennsylvania Super Lawyers and Pennsylvania Rising Stars May 3, 2018 Frost Brown Todd Attorneys Recognized in 2018 Chambers USA April 4, 2018 Frost Brown Todd Appoints Six New Members Firmwide February 20, 2018 Frost Brown Todd Attorneys Recognized in 2018 Editions of Indiana Super Lawyers and Indiana Rising Stars December 6, Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers and 20 Recognized by Ohio Rising Stars for 2018 December 6, Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers and 14 Recognized by Kentucky Rising Stars for 2018 November 1, 2017 Frost Brown Todd Named to U.S. News & World Report s Best Law Firms List for 2018 August 15, Frost Brown Todd Attorneys Listed in The Best Lawyers in America 2018 May 12, 2017 Frost Brown Todd Pittsburgh Attorneys Recognized in 2017 Editions of Pennsylvania Super Lawyers and Pennsylvania Rising Stars April 20, 2017 Jim Catalano and Alexandria Fisher Join Frost Brown Todd in Nashville April 12, 2017 Frost Brown Todd Appoints 11 New Members 8

9 February 22, 2017 Frost Brown Todd Expands at Great American Tower at Queen City Square February 15, 2017 Frost Brown Todd Attorneys Recognized in 2017 Editions of Indiana Super Lawyers and Indiana Rising Stars December 2, Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers and 17 Recognized by Ohio Rising Stars for 2017 November 18, Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers and 14 Recognized by Kentucky Rising Stars for 2017 November 1, 2016 Frost Brown Todd Named to U.S. News & World Report s Best Law Firms List October 17, 2016 Julia Blackwell Gelinas receives 2016 Indiana Women of Achievement Award September 13, 2016 Frost Brown Todd expands in Indianapolis August 16, 2016 The Banks Project Recognized as one of the Best Social Infrastructure Projects in the Americas June 3, 2016 Tom Gabelman Featured Speaker at Second Annual P3 Hub Midwest Conference May 27, 2016 Frost Brown Todd Attorneys Recognized in 2016 Chambers USA May 3, 2016 Tom Gabelman Speaks at Sold-Out Commercial Real Estate Developer s Power Breakfast April 4, 2016 Construction Attorney Daniel Edwards Joins Frost Brown Todd Columbus March 31, 2016 Justin Fowles of Frost Brown Todd Elected 2016 Vice-Chair of Louisville Bar Association s Litigation Section February 15, Frost Brown Todd Attorneys Recognized by Indiana Super Lawyers December 2, Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers and 11 Recognized by Ohio Rising Stars for 2016 November 18,

10 51 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers and 18 Recognized by Kentucky Rising Stars for 2016 October 6, 2015 Frost Brown Todd Names Chris Habel to Succeed Jill Meyer as Member-in-Charge August 17, Frost Brown Todd Attorneys Listed in The Best Lawyers in America 2016 May 19, Frost Brown Todd Attorneys Recognized in 2015 Chambers USA April 27, 2015 Frost Brown Todd Adds Business Litigation Attorney in Nashville February 13, Frost Brown Todd Attorneys Recognized in Indiana Super Lawyers and Four Recognized in Indiana Rising Stars for 2015 December 3, Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers for 2015 November 24, Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers and 20 Recognized by Kentucky Rising Stars for 2015 September 22, 2014 Frost Brown Todd Brings Veteran Insurance and Construction Attorney to Nashville July 14, 2014 Leah Wilson Joins Frost Brown Todd Indianapolis June 25, 2014 E. Todd Wilkowski Joins Frost Brown Todd June 3, Frost Brown Todd Attorneys Recognized in 2013 Chambers USA May 3, 2013 Thomas T. Pennington Joins Frost Brown Todd s Nashville Office January 14, 2013 Terrence Brookie Named Practice Leader for Frost Brown Todd Group December 12, 2012 Frost Brown Todd Adds Leading Cincinnati Public-Private Partnership and yer November 27, 2012 Bonnie Wolf Selected as a Referee for Ohio Court of Claims September 22,

11 Frost Brown Todd Represents Client in the First Public Private Partnership (P3) for a University Parking System May 14, 2012 Terrence L. Brookie Appointed Chair-Elect of the American Bar Association s Forum on the Construction Industry September 22, 2011 Alex Strohm Joins Frost Brown Todd as Professional June 14, Frost Brown Todd Attorneys Recognized in 2011 Chambers USA February 11, Frost Brown Todd Attorneys Recognized by Indiana Super Lawyers and 8 Recognized by Indiana Rising Stars for 2011 December 30, Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers and 14 Recognized by Ohio Rising Stars for 2011 November 29, 2010 Frost Brown Todd Names Six New Associates October 27, Frost Brown Todd Attorneys Recognized as 2011 Lawyers of the Year October 19, 2010 Frost Brown Todd's Louisville Litigation Practice Recognized as "Highly Recommended Local Litigation Firm" June 11, Frost Brown Todd Attorneys Recognized in 2010 Chambers USA May 17, 2010 Frost Brown Todd Attorneys Receive Recognition in 2010 Super Lawyers Corporate Counsel Edition May 6, 2010 Terrence L. Brookie elected to American College of yers Board of Governors April 26, 2010 Daniel P. King elected to the IndyHub, Inc. Board of Directors April 26, 2010 Frost Brown Todd Attorney Appointed Chair of Fidelity and Surety Committee of IADC February 17, Frost Brown Todd Attorneys Recognized by Indiana Super Lawyers and 7 Recognized by Indiana Rising Stars for 2010 January 28,

12 Joshua B. Fleming and Daniel P. King Named Partners of Frost Brown Todd Publications July 18, 2019 Ohio Supreme Court Clarifies Statute of Repose October 15, 2018 Ohio Supreme Court Rules Defective Work Claims Not Covered Losses Under Standard CGL Policies Legal Update July 18, 2018 When (and How) Should a Mediator Evaluate the Case? May 22, 2018 Subcontractors Collect $1.1 Million From Project Owner on Disputed Change Order in Key Kentucky Supreme Court Case FBT Publication August 8, 2014 Executive Order Increases Reporting Burden on Government Contractors Legal Update July 21, 2014 Ohio Supreme Court Clarifies What Is a Pay-if-Paid Clause Legal Update April 2, 2013 U.S. EPA Issues Proposed Rule To Clarify Stormwater Requirements Legal Updates December 2012 Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim oncite Newsletter December 2012 Kentucky Corrects Law That Previously Considered Private Construction Companies Public Agencies oncite Newsletter December 2012 Where You Sue can Hurt You: Ohio Appellate Courts Split on Ability to Appeal in Foreclosure Actions oncite Newsletter September 2011 Kentucky Adopts Economic Loss Doctrine but Specific Application to the Construction Industry Remains Unsettled oncite 12

13 September 2011 Funding from Commonwealth does not Automatically Invoke Application of Kentucky Model Procurement Code to Local Public Works Projects oncite September 2011 Oh Where, Oh Where, Oh Where Have the Indiana Recovery Act Dollars Gone? oncite June 2011 Ohio House Bill 153 and Public Construction Reform oncite May 17, 2011 Common Mistakes of Indiana s Mechanic s Lien Claimants (And How To Avoid Them) May 17, 2011 Five Frequent Fatal Mistakes of Ohio Mechanic s Lien Claimants May 17, 2011 Navigating the Perils of Kentucky s Mechanic s Lien Statute May 17, 2011 New Ohio Transportation Bill Allows Public-Private Partnerships And Expands Design-Build Procurement May 17, 2011 Top Ten Mistakes Leading to Loss of Lien Rights in Tennessee May 9, 2011 House Bill 153 and Public Construction Reform February 8, 2011 Federal Court in Florida Allows Obligee to Pursue Claim Under Payment Bond and to Offset Funds Payable on Bonded Project Against Unbonded Obligations January 12, 2011 General Contractors May Have Coverage For Costs Arising Out Of Subcontractors' Defective Work January 12, 2011 Kentucky Supreme Court Finds That Faulty Workmanship Is Not An Occurrence Under a Commercial General Liability Policy January 12, 2011 Major Developments in Ohio Public Contracting July 23, 2010 Wrongfully Rejected Bidders in Ohio can Recover Bid-preparation Costs July

14 Are Construction Bid Errors Up in a Down Economy? July 2010 Kentucky, Indiana and Ohio at Forefront of Green Building in the Healthcare Industry July 2010 Ohio Lien Law Update - When Should a Notice of Furnishing be Submitted? July 2010 Tennessee's Construction Industry Faces New Workers' Compensation Insurance Requirements April 2010 A "Stark" Reality for Indiana Contractors Who Do Not Strictly Comply with Contractual Claim Notice Provisions April 12, 2010 Tumultuous Kentucky Legislative Session Generates Several Bills Relating to the Construction Industry April 2010 $585 Million Stimulus Project for Nashville Begins The Music City Center Is Underway April 2010 New Caselaw Concerning Ohio s Prevailing Wage and Procurement Laws Could Have a Significant Impact on Public Owners, Private Developers, and Contractors January 20, 2010 New U.S. EPA Stormwater Rules and Initiatives Will Significantly Impact the Construction and Development Sector August 6, 2009 OSHA Recordkeeping National Emphasis Program July 10, 2009 Public Funding Does Not Necessarily Trigger Application of Ohio Prevailing Wage Law March 6, 2009 Stimulus Act - Impact on Affordable Housing March 4, 2009 OSHA Regains Power to Cite General Contractors for Subcontractor Hazards March 3, 2009 Stimulus Act - Impact on Green Building February 27, 2009 Stimulus Act - Impact on Commercial Real Estate February 27, 2009 Stimulus Act - Impact on Residential Real Estate September 18,

15 New Guidelines May Apply Ohio Prevailing Wage to More Projects September 11, 2008 Changes in Visa Issuance Procedures April 22, 2008 Ohio Court of Appeals Upholds 10 Year Statute of Repose for Construction Claims February 15, 2008 LEED: The Green Wave -- Opportunity but Some Risk for Contractors November 30, 2007 OSHA Issues New Confined Space Standard for the Construction Industry November 19, 2007 Employers Must Pay For All Personal Protective Equipment Changes to OSHA Standards November 19, 2007 Kentucky Supreme Court Allows Bid Protests October 22, 2007 ConsensusDOCS Promotes Balanced Subcontract Form September 19, 2007 Court of Claims Clarifies When Claim Against State Accrues August 15, 2007 The NLRB s Glens Falls Decision Creates New Opportunities For Construction Firms July 18, 2007 OSHA Conducting Weekend Inspections of Construction Sites June 2007 ALP: The Fairness in Construction Act With the Booming Local and Regional Construction, The Act Is A Benefit to All in Central Kentucky June 1, 2007 Comprehensive Immigration Reform Act of 2007 Update June 1, 2007 Temporary Guest Worker Program May 3, 2007 General Contractors No Longer Automatically On The Hook For OSHA Violations April 26, 2007 Ohio Supreme Court Rules in Dugan & Meyers Case April 20, Revisions to Ohio Mechanics Lien Law 15

16 April 20, 2007 Kentucky s New Fairness in Construction Act March 5, 2007 President of Temporary Labor Company Sentenced for Conspiracy to Provide Illegal Workers February 2007 Business Law Advisory January 22, 2007 Alternative Dispute Resolution Techniques Resolving Disputes Without Going to War The Constructor Help in Getting Paid Ohio s Mechanics Lien Law The Constructor Ohio s Design-Build and Seal Law The Constructor Ohio s Fairness in Construction Contracting Act The Constructor January 22, 2007 Thinking About Terminating a Subcontractor? Here are a few Things to Consider The Constructor Pay-When-Paid Clauses: What happens when the Owner doesn t pay The Constructor January 2, 2007 The Changing Insurance Market For The Construction Industry December 6, 2006 Ohio s New Smoke Free Workplace Act and Fair Minimum Wage Amendment Design-Build Delivery Systems - Are They Right For You? Ohio Construction and Code Journal May 18, 2006 Senate Considers Guest Worker Proposal as Part of Comprehensive Immigration Reform May 15, 2006 Commercial Activity Tax: Possible Contract Language for Limited Agency Exemption for General Contractors April 26, 2006 Immigration Reform Targets Employers and Worksite Enforcement April 17, 2006 Frost Brown Todd Helps Obtain Partial Relief From CAT Tax February 2006 Update 16

17 February 16, 2006 Potential Partial Relief from CAT Tax September 1, 2005 Thinking About A New Building Project? Here Are A Few Things To Consider. The Constructor Fall 2004 EPA Withdraws Storm Water Permit Changes for Construction Sites Building Ohio, Fall 2004 February 2004 ALP: How can I avoid surprise liens on my construction project from unknown subcontractors and/or suppliers? Events December 4, 2014 Redevelopment Seminar Focus on Public Finance/Real Estate/Construction April 16, 2013 Public Private Partnerships: Boom or Bust for Local Construction Industry May 4, 2012 Fidelity and Surety Roundtable February 2, 2012 Join us for the Allied Construction Industries' Hot Topics in 2012 November 16, st IRMI Construction Risk Conference November 4, 2011 BKD's Blueprint for Extending Credit to Construction Companies September 22, 2011 Ohio Valley Construction Conference 2011 September 20, 2011 Prevailing Wage Law in Ohio September 15, 2011 ACI 2011 Turfway Park August 25, 2011 Buy Local and Hire Carefully - Impacts of the new local Indiana business preference statute, E-Verify requirements, and Department of Labor initiatives May 26,

18 Indiana Construction & Surety Law Section February 17, th Annual Contractor's Seminar - Critical Trends Driving the Construction Industry February 15, th Annual ACI/OSHA Safety Day for Construction and General Industry November 14-18, 2011 Surety Update - Developments in Standard Bond Forms and Impacts on the Construction Industry January - February 2007 Construction Seminar Series - Cincinnati February 2, 2007 Mega-Trends in the Construction Industry How can your construction company succeed in any economic climate? February / March 2006 : How to Handle an OSHA Inspection / Key Employment Issues for Contractors February 2006 : Best Practices For a Successful Project - A Case Study January 2006 : Don't Bet The Company! Insurance, Indemnity and the Big Risks January 2006 : Help in Getting Paid - A Contractor's Toolbox 18