Barry Miller

Practice Areas

Barry Miller serves as Co-Chair of Benesch’s Construction Group. Throughout his 40+ year career, he has represented every segment of the construction industry in prosecuting and defending virtually every type of dispute arising from capital improvement projects, ranging from straightforward builds to the most complex projects. 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.

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 disputes to extra work claims to delay and disruption issues 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.

Barry also 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 selecting 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.

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.

Professional Memberships

Member, American Bar Association, Forum on the Construction Industry, Tort & Insurance Practice Section; Member, Ohio State Bar Association; Member, Cleveland Metropolitan Bar Association

Education