Thomas L Rosenberg

Practice Areas

Construction Law, Complex Business & Commercial Litigation, Government Relations

Professional Memberships

Chair, American Bar Association, Forum on Construction Law (2018-2019)

Fellow, American College of Construction Lawyers (elected 2016); Board of Governors (2021-2024)

American College of Construction Lawyers - Fellow; Board of Governors (2021-2024)

American Arbitration Association, Arbitrator - Large, Complex Construction Cases Panel

American Bar Association, Forum on Construction Law; Division 4 – Project Delivery Systems, Chairperson (2009-2011); Faculty Member, Construction Forum Trial Academy (2012-2013); Program Co-Chairperson, Annual Meeting (2012); Governing Committee (2013-2016); Chair-Elect (2017-2018); Chair (2018-2019)

Builders Exchange of Central Ohio, Lawyers Group, Former Chair

Columbus Bar Association, Construction Law Committee, Former Chair

Ohio State Bar Association, Government Contracts and Construction Law Committees

Publications

Book: The Effective Use of Forensic Experts in Construction Litigation - ABA Book Publishing (August 2019)

What Makes A Good Arbitrator? What Makes A Bad Arbitrator? - Modern Contractor Solutions (November 2018)

Dispute Resolution Clauses are Out of Control! - Modern Contractor Solutions (August 2018)

Have our Contracts Become too One-Sided? - Modern Contractor Solutions (May 2018)

Do I Need An Expert Witness? How Do I Find One - Modern Contractor Solutions (February 2018)

Payment and Performance Bonds: Are They All They Are Cracked Up To Be? - Modern Contractor Solutions (November 2017)

Settlement Clauses -- Buyer Beware - Modern Contractor Solutions (August 2017)

The Spearin Doctrine Is 100 Years Old - Modern Contractor Solutions (May 2017)

Everyone in the "Hot Tub" - Experts Only - Modern Contractor Solutions (March 2017)

Becoming Ethical: A Contractor's Dilemma - Modern Contractor Solutions (December 2016)

Construction Ethics? You Bet! - Modern Contractor Solutions (October 2016)

What Does it Mean When I See a Copyright on an Architect's Drawings? - Modern Contractor Solutions (July 2016)

Is Arbitration All It's Cracked Up To Be? - Modern Contractor Solutions (May 2016)

North American Microtunneling Association Seeks to Improve the Industry - TBM: Tunnel Business Magazine (Aug 1, 2012)

Design-Build Desk Book - ABA Forum on Construction Industry (2010)

Allocating the Risk of Subsurface Conditions on Underground Construction Projects - Microtunneling Institute/Colorado School of Mines (2009 (Revised))

Building Information Modeling - Legal Issues that Impact this New Collaborative Design - Microtunneling Institute/Colorado School of Mines (2009 (Revised))

Ethical Considerations in Construction - The Newsletter of the ABA Forum on the Construction Industry (August 2008)

Essential Construction Contract Terms - Real Estate Finance Journal (Aug 20, 2007)

Is the Spearin Doctrine Dead in Ohio or Just Wounded? - The Columbus Daily Reporter (Oct 20, 2005)

Should I Copyright My Drawings? Part II - The Columbus Daily Reporter (Oct 13, 2005)

Should I Copyright My Drawings? Part I - The Columbus Daily Reporter (Oct 6, 2005)

Experience

Tom focuses his practice on construction law and civil litigation and leads Roetzel’s Construction Law practice, which has been recognized by US News & World Report as one of the best law firms nationally and regionally for construction and construction litigation from 2012 to 2022.

Tom is a Fellow in the American College of Construction Lawyers and serves on its Board of Governors. He is a past Chair of the American Bar Association Forum on Construction Law. He has been honored by Chambers USA as a leading construction lawyer in the State of Ohio since it began ranking US lawyers and law firms in 2003. A recent edition of Chambers USA stated that Tom is “esteemed for his broad expertise and has an impressive list of clients.” He has been selected as an “Ohio Super Lawyer” by Ohio Super Lawyers magazine every year since 2004. He is listed in The Best Lawyers in America® for the specialty of construction law and has been named "Lawyer of the Year" in construction law in Columbus, Ohio, for 2022. He is also recognized in International Who’s Who in Construction Law for his international construction law experience.

Tom is an arbitrator with the American Arbitration Association, former chairperson of Division 4 - Project Delivery Systems, and former member of the Governing Committee of the American Bar Association, Forum on Construction Law, former chairperson of the Lawyers Group of the Builders Exchange of Central Ohio, former chairperson of the Construction Law Committee of the Columbus (Ohio) Bar Association, and a member of the Construction Law Committee of the Ohio State Bar Association. He has served as an arbitrator and mediator in construction disputes on projects of all sizes, and serves on the complex case panel as an arbitrator for the American Arbitration Association.

Tom has developed a niche practice that focuses on tunnels and other infrastructure work and has been General Counsel for the North American Microtunneling Association for 15 years.

He has also served as construction counsel on projects large and small. In this role, Tom can assist with obtaining financing, determine the project delivery system best suited for a project, and explore all options for project insurance and bonding. He also works with his clients to select construction managers, design professionals, and contractors and draft and negotiate construction-related contracts. Tom also helps establish risk matrixes and means to identify risks early in the project, mitigate risk, draft general conditions and other front-end documents, establish and assist with bidding procedures, act as construction counsel from beginning to completion and afterward of a project. The projects worked on are senior citizen centers, medical facilities, fracking plants, schools, office buildings, manufacturing plants, athletic facilities and others. The dollar values of these projects range from several hundred thousand dollars to hundreds of millions of dollars. The work and contract documents are always tailored to the specific needs and uses of the client.

Tom has successfully litigated construction cases in courts throughout Ohio and the Midwest and has a reputation as an excellent trial lawyer in the courtroom. According to Chambers USA, "Tom really understands the construction industry; he is a prominent litigator and trial lawyer,” and “is a strong lawyer, capable and always impressive; he has a good track record of resolving construction disputes,” and that “clients extol the consistency and thoroughness of his work." He is also a published author in Construction Litigation. Tom served as Content Editor, Contributing Author, and Author Coordinator on The Effective Use of Forensic Experts in Construction Litigation.

Work Highlights

-Represents contractors, subcontractors, and suppliers in claims for additional compensation, delay damages, and other relief on public and private construction projects of all types and sizes

-Represents owners and developers in all aspects of construction projects, from developing the project delivery system and contract documents through project closeout issues, claims, litigation, and arbitration

-Drafts construction contracts for projects large and small, buildings of all sorts, roadways, bridges, and power plants throughout the United States and overseas

-Has argued construction cases in courts throughout the United States, including an argument before Retired Justice Sandra Day O'Connor sitting by assignment in the U.S. Court of Appeals, Fourth Circuit, in 2012

-Has defended many construction defect cases seeking damages in all amounts, including amounts in excess of $40 million

Represents bidders on construction and purchase contracts regarding challenges to competitive bidding determinations and awards and is named counsel in several of the key cases decided in Ohio on public competitive bidding procedures

-Took a very active role in Ohio's efforts at legislative changes to construction, known as Construction Reform in 2009-2011

-Provides construction counseling to contractors, subcontractors, design professionals, and owners on projects large and small

-Has more than 30 reported cases throughout the State of Ohio

-From 1989 through 1996, was special counsel to the Ohio Environmental Protection Agency's Automobile Emissions Testing Program, which involved many issues including contract negotiation, land use, zoning, eminent domain, construction, land purchase, financing of construction, and the impact of environmental regulation on all of these activities

-Previously represented the Ohio Department of Administrative Services, Division of Public Works as Assistant Attorney General (these agencies are responsible for Ohio's construction of all buildings for use by state agencies, state colleges and universities, and prisons); responsibilities included defense of construction claims, construction litigation and providing advice on construction law

Awards

Education