Throughout his 40 year career, Barry has focused his practice on the Construction Industry.
He has represented every segment of the industry in the prosecution and defense of every type of dispute imaginable from the simple to the seemingly impossible which have arisen from every conceivable capital improvement project type. Barry has translated these experiences into constructive and practical guidance for his clients on very large, multi-project capital improvement programs that range in size to more than $1 billion. Along the way, Barry has provided valuable assistance in the resolution of Construction Industry disputes by serving as a mediator and arbitrator for hundreds of disputes.
Construction Claims
Barry represents owners, construction managers, design-builders, contractors, subcontractors, suppliers, design professionals, sureties and insurers in an exhaustive list of construction disputes. These claims range from bidding to extra work to delay and disruption to design deficiencies to material failures. These claims involve simple two party disputes to multiple party disputes that are several layers deep into the parties contractual privity chains. The history of these claims span from a single event to multiple events over multiple years and involve ever increasing levels of technological innovation and sophistication.
Project Counsel
Barry has extensive experience in guiding public and private entities in the organization and management of large, multiple project capital improvement programs. He represents clients in every aspect of the process, from project delivery methodology to the preparation and negotiation of the contractual agreements for every project participant that are coordinated and aligned with project goals and metrics. Barry provides valuable insight and guidance throughout the preconstruction and construction phases to avoid and minimize the inevitable issues that threaten schedule and budget requirements. If necessary, he also represents his clients through the formal dispute resolution processes that are carefully designed to include all necessary project participants into a single proceeding.
ADR
Drawing upon his extensive experience in construction law, Barry has been selected as an arbitrator and mediator in the successful resolution of hundreds of construction disputes – including many involving multiple parties.
In addition, Barry has been a contributing author to publications by the American Bar Association, Forum on the Construction Industry, Section of Real Property; the CWRU Law Review; and a contributing editor and author of Ohio Public Contract Law (2nd and 3rd editions). Barry is a frequent lecturer on construction law and alternative dispute resolution topics for the American Bar, Ohio State and Cleveland Bar Associations, Lorman Education Service, Cambridge Institute, American Arbitration Association, American Institute of Architects, Construction Specifications Institute, Construction Employers Association, and Ohio Contractors Association.
Representative Experience
- Represented an Owner in defending a $60 million extra work and delay claim raised by a contractor on an environmental remediation project. This dispute involved a ten-year performance period, millions of project documents and dozens of witnesses which culminated in a successful three-week arbitration hearing.
- Represented an electrical contractor in the successful prosecution of a $10 million wrongful termination and delay and disruption claim involving the installation of a new aluminum processing facility.
- Represented an Owner in the successful prosecution of multiple claims against the design professionals, construction manager and material suppliers for deficient paving, roofing and cladding systems.
- Represented a contractor in the successful, sequential prosecution of a significant delay and disruption claim against a public owner and its Engineer of Record on a lift bridge replacement project.
- Represented an interiors subcontractor in the successful prosecution of a delay and disruption claim involving a new hospital project in Statesboro, Georgia. This representation culminated in a very favorable award after a multi-week arbitration proceeding.
- Represented a construction manager in the successful prosecution of an extra work, delay and disruption claim against a developer on a build to suit regional facility for the FBI. This representation culminated in a full recovery after a multi-week arbitration proceeding.
- Represented a private owner as project counsel in a successful $1.2 billion capital improvement program. The program involved two major facilities, four large facilities, a free-standing parking garage and ten medium facilities. This representation involved the use of design-build, construction manager at-risk and general contractor project delivery methodologies and the preparation, negotiation and monitoring of more than 800 separate contracts with project participants.
- Representing a private owner as project counsel on a $300 million capital improvement program to rehabilitate and enlarge a corporate headquarters facility.
- Represented a public owner in the defense of a tunneling contractor’s $12 million breach of contract claim and the presentation of a counterclaim for the recapture of improperly billed time and material change orders. This representation culminated in the dismissal of the contractor’s claims and the recovery of almost $20 million for the client.
- Representing owners as project counsel on a $800 million iron ore processing facility and a $700 million waste to fuel facility.
- Represented a national engineering firm as coverage counsel in a dispute with its errors and omissions insurer over the applicable insurance limits to be applied.
- Represented a construction manager in the successful prosecution of a repair cost claim against its subcontractors and insurer for defective workmanship.
