Brian O’Connell is a member of the Strauss Troy litigation department. He concentrates his practice in the area of complex commercial litigation with a focus on construction litigation. Brian serves as chair of the Strauss Troy Construction Law practice group.

With broad expertise in construction litigation, Brian has represented engineers, architects, contractors and owners in construction-related claims, ranging from cost overruns to property damage, defective work to scope changes, delay to personal injury, acceleration to liquidated damages. Brian recognizes and addresses the challenges facing today’s construction industry. He recently obtained the dismissal of all claims brought against an HVAC contractor, who was accused of installing a defective air conditioning system in a large office building.  The plaintiffs sought damages of over $160,000.  The court granted Brian’s Motion to Dismiss, after Brian convinced the court that the 4 year statute of limitations applicable to the sale of “goods” applied to the claims rather than the longer limitations applicable to other written contracts.  The case was concluded, and all claims against Brian’s client were dismissed within three months of the filing of the Plaintiff’s complaint.

Brian has tried cases in state and federal courts across the United States. He is also experienced in arbitration and mediation procedures, thereby offering clients the option to choose the best method of conflict resolution for their particular situation. Brian has successfully tried cases through to judgment in jury trials, to the bench and in arbitration, including multi-week trials in all three types of forums.

Based on his 20 plus years of experience in handling construction litigation Brian has developed a keen sense of where construction projects can go wrong. He uses that knowledge to work proactively with clients at the start of projects in drafting, reviewing and negotiating contracts in order to maximize protections and minimize risk for the client. Brian has developed an extensive database, taking industry-recognized standard forms (such as AIA, Consensus Documents, OFCC, and EJCDC documents) and creating contract documents tailored to the individual needs of his clients and the particular needs of the project. Brian has also worked with clients during the course of construction when issues arise on the job, to ensure that problems are properly documented to best position the client in the event the problems devolve into claims.

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Recent Developments in Construction Law in Ohio (CLE Presentation)

9 Common Construction Contract Provisions You Need to Know (CLE Presentation)

Mediation & Arbitration Alternatives to Litigation (CLE Presentation)

Identifying & Documenting Delay Claims (CLE Presentation)

Search and Seizure: The Erosion of the Fourth Amendment Under the Terry-Standard, Creating Suspicion in High Crime Areas – State v. Andrews, 57 Ohio St. 3d 86, 565 N.E.2d 1271 (1991), cert. denied, 111 S. Ct. 2833 (interim ed. 1991). University of Dayton Law Review, Volume 16, Number 3.

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Martindale-Hubbell AV rated

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American Bar Association

Cincinnati Bar Association, Former Chairman, Construction Law Committee

Ohio State Bar Association

Potter Stewart Inn of Court

Hamilton County Special Olympics, Board of Trustees, Executive Committee, Secretary (Former Member)

Elder High School Mock Trial Team, Head Coach

Assistant Editor for the University of Dayton Law Review (1991-1992)

Obtained a defense verdict on all claims in a breach of fiduciary duty action involving the purchase of several hotels. The plaintiff, who sought damages exceeding $5 million, claimed that its 50% business partner had refused to exercise purchase options for the hotels based on personal animosity toward the plaintiff and favoritism toward unrelated third parties. In his ruling the arbitrator determined client was well within its rights to reject the proposed deals.

Obtained a defense verdict for an escalator maintenance company in a case in which an elderly woman claimed her shoe got caught on the comb plate of an escalator at Music Hall in Cincinnati, causing serious injury to her leg. After a six-day trial, the jury concluded the plaintiff was 100% at fault for her injuries.

Obtained, through mediation, recovery of $458,000 on behalf of a HVAC/mechanical contractor and $250,000 on behalf of electrical contractor on delay damages claims arising from a public school construction project.

Represented Witt Industries in a breach of contract and negligence claim against Ziolkowski Construction for defective paint which began peeling from the interior of a steel galvanizing facility within months of construction. Obtained through mediation the full amount needed to paint the facility.

Obtained a jury verdict in the amount of $50,000 – the full amount claimed – in favor of a material supplier on an unjust enrichment claim against homeowners who refused to pay for their high-end kitchen appliances, lighting fixtures and plumbing fixtures when a dispute developed between them and their general contractor near the end of construction of their multi-million dollar new home.

Represented Midwest Brokers & Associates, and a number of individual employees, in Moorman v. Smith, et al. The case involved claims for fraudulent and negligent misrepresentation arising out of contract to purchase commercial property. Obtained a defense verdict after a three week trial.

Counsel for OPW Fueling Components/PISCES Underground Piping (a division of Dover Corporation) in various patent infringement, breach of contract and licensing cases.

Represented Recording Industry Association of America (including BMG Music, Atlantic Recording Corporation, Capital Records, Inc., Arista Records LLC, Interscope Records, Sony BMG Music Entertainment, and Warner Brothers Records, Inc., among others) in a number of lawsuits seeking to stop the illegal uploading and downloading of copyrighted music on the internet.

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