Jeffrey A. Brauer focuses his practice on litigation, construction law, and creditors’ rights matters. Jeff regularly handles complex financial, engineering, and technical disputes in state and federal trial courts and arbitrations. Jeff is experienced in addressing potential claims from development through discovery, mediation, trial, and appeal. Jeff is also often called upon to obtain emergency injunctive relief, such as enforcement of time-sensitive noncompete and nonsolicitation agreements.
Jeff has represented owners, general contractors, subcontractors, and other construction professionals on construction matters for his entire career. Jeff works with clients at every stage of construction, bringing his experience to help clients avoid litigation, minimize risk, and resolve disputes early whenever possible. When trial work is necessary, Jeff has extensive construction experience before juries and arbitration panels. Jeff also serves as an arbitrator and brings the perspective he has developed from this work to help his clients.
Jeff frequently represents lenders, non-traditional lenders, secured creditors, general creditors, equipment lessors, and debtors in various proceedings, including bankruptcy, receiverships, commercial foreclosures, and collections. Jeff’s experience and familiarity with these issues has aided his clients in not only getting judgments, but collecting on judgments.
Professional History
• Partner, Hahn Loeser & Parks LLP, 2004-present; Associate, 1998-2003; Ethics Committee Chair, 2013-present; Pro Bono Committee Chair, 2007-present
• Associate, Williams & Montgomery, Ltd., 1994-98
Personal
Jeff is married and lives in Kirtland, Ohio with his wife and their three sons. Jeff likes to be outside whenever possible, running when the weather is warm, and skiing when the weather is cold. Jeff is also always in the middle of a do-it-himself home construction project.
Experience
Construction Team Secures Mandatory Injunction Against City of Lorain in Bid Dispute
June 21, 2019
Tesar Industrial Contractors
January 15, 2016
• Representation of a general contractor in a highly contested claim that it was wrongfully terminated by a steel mill on a multimillion-dollar project. Following a three-and-a-half week jury trial, the jury found in favor of Hahn Loeser’s client, awarding $3.5 million and rejecting the steel mill’s counterclaims
• Representation of an owner in a multimillion-dollar claim for improper work by a general contractor in the conversion of a long-abandoned warehouse into luxury apartments. The dispute involved engineering disputes about roofing, drainage, elastomeric concrete coating, masonry installation, window installation and HVAC design. After Hahn Loeser’s client presented its case in chief over two weeks to a jury, the matter was resolved on confidential terms.
• Representation of parties in a business divorce. The matter arose following the buyout of a former owner’s interest, who retained certain leasehold and income rights of the operating company. The matter was resolved on confidential terms.
• Resolution of a performance bond claim against an electrical subcontractor by a contractor in a nationally significant and time-sensitive public project. This matter was resolved on confidential terms.
• Enforcement of a foreign judgment for a large out-of-state investment bank against a highly visible public figure who took great care to protect assets. The matter was resolved on confidential terms.
• Representation of a receiver in an action in which a tenant of the receivership property surreptitiously engaged in criminal activity, including converting the property to a dump site and ultimately destroying property. All claims were dismissed against the receiver.
• Representation of several purchasers of secured debt in dozens of matters located throughout Ohio, frequently involving complex and novel means of collection avoidance, including frequent use and abuse of bankruptcy proceedings in an effort to stall foreclosure and collection efforts. The matters often involved the use of receivers in an effort to protect collateral and provide greater leverage against borrowers.
• Representation of an agricultural lender in a string of matters involving dairy farms throughout the Midwest. The matters involved related guarantors who structured loans to make collection challenging. These matters posed additional complexity because the health of the primary collateral – the livestock – had to be maintained. The matters frequently were litigated in bankruptcy court.
Publications & Speaking Engagements
Ethics for Construction Attorneys
April 15, 2021
"Obstacles to Enforcement of International Judgements"
January 21, 2021
The Devilish Details
February 18, 2019
Sizzling Hot Topics in Professional Conduct
October 31, 2017
Practitioner’s Guide to Class Actions, Ohio Chapter
August 24, 2017
National Business Institute Teleconference
October 02, 2009
Community Involvement
Fine Arts Association of Willoughby, President of Board of Directors, 2015-17, Board of Directors, 2007-present
Wills for Heroes, Ohio Founder and Statewide Coordinator, 2007-14
Lake County Dances Under the Stars, Celebrity Dancer, 2010
Charenton Theater Company, Founding Board Member
Northwestern University Alumni Association of Cleveland, Alumni Admissions Council, 2002-present
Awards & Distinctions
The Best Lawyers in America®, Commercial Litigation, 2021
Ohio Super Lawyers®, Construction Litigation, 2014-20
Top Rated Lawyer, Cleveland’s Legal Leaders, 2012-16
Ohio State Bar Foundation Community Service Award for Attorneys 40 and Under, statewide winner, 2009
AV Preeminent®, Martindale-Hubbell
National Institute for Trial Advocacy, National Session, July 2003
Memberships & Affiliations
American Arbitration Association, Roster of Arbitrators and Construction Panel, 2016-present
Alliott Global Alliance, Member, Litigation/Dispute Resolution Specialty Practice Group
Cuyahoga County Court of Common Pleas. Arbitrator and Mediator, 2015-present
American Bar Association, TIPS: Business Litigation Committee, Chair, 2016-17 – Exceptional Achievement and Fellowship Awards; Vice Chair, 2007-present; Corporate Counsel Committee, Vice Chair 2013-present; Outreach to Young Lawyers Committee, Vice Chair, 2008-13; Membership Committee, Vice Chair, 2005-11; Law in Public Service Committee, Vice Chair, 2005-08; Fidelity and Surety Law Committee, Member, 2005-08; TIPS Now!, Fellow, 2006-08
Ohio State Bar Association, Council of Delegates, elected 2005-present; Membership Committee, 2011-13; Committee and Section Advisory Council, 2011-12
Cleveland Metropolitan Bar Association, Board of Directors, 2019-present; Ethics and Professionalism Committee, Chair, 2017-18; Litigation Section, Council, 2011-present
Association of Professional Responsibility Lawyers, 2014-present
Ohio State Bar Foundation, Life Fellow; Board of Trustees, 2017-present; Membership Committee, 2012-present
