Michael Jay Kelley

Practice Details

• Firm Information
  Position

  Attorney

  Firm Name

  Lane Alton
• Representative Cases & Transactions
  Cases

  CONSTRUCTION LITIGATION AND CLAIMS:

  •Represented construction manager/general contractor in lawsuit against developer. Client had contracts to build multiple retail projects for national drug store chain
  was improperly terminated in connection with false allegations of construction defects involving concrete work, site work
  other miscellaneous building issues, as well as claims that schedule had slipped. Three week trial resulted in jury verdict in favor of general contractor for lost profits, defamation, reimbursement of home office overhead, construction expenses
  other losses.

  •Represented general trades contractor in action against school board for new construction of public high school located in large metropolitan school district. The construction project involved 16 prime contractors in accordance with Ohio public project construction law. Client's work scope as set forth in AIA contract included interior finishes, roofing, fireproofing
  other miscellaneous activities. Litigation arose involving school district, multiple subcontractors
  bonding company covering numerous complex issues such as delay claims for extended general conditions, “Eichleay” extended home office overhead, improper work performed by unrelated contractors, design
  /or specification errors, directives to perform additional work beyond client's scope of work, winter conditions,
  a number of “pass through” claims with respect to subcontractors for change orders
  delays/inefficiencies. Case settled prior to trial after multi-day mediation.

  •Defended general contractor in multi-million dollar construction defect claim involving nine subcontractors that was ultimately decided after a three-week AAA arbitration hearing before a three-member panel. Issues included masonry defects, building envelope design
  installation, caulking, HVAC installation, roofing, through wall flashing, roof flashing
  historic restoration with respect to design
  construction of seven-story hotel. Third-party claims against potentially culpable subcontractors were resolved through mediation prior to the arbitration hearing. The arbitration hearing included the presentation of multiple witnesses, including five experts,
  several hundred exhibits.

  •Represented general contractor with regard to major expansion project involving four-story hotel. Construction defects included claims that drywall contractor failed to install adequate vapor barrier in guest room exterior walls resulting in condensation that caused water damage
  mold formation behind drywall, thereby necessitating repair
  remedial work throughout hotel. Case settled by multiple insurance carriers prior to litigation.

  •Represented developer
  general contractor for project involving renovation of existing structure for use as medical building. Sued building owner for nonpayment
  defended counterclaim for alleged miscellaneous construction defects. Lawsuit was ultimately settled.

  •Defended general contractor with regard to damage claims arising from alleged defects in connection with construction of five-story medical/surgical facility. Insurer for surgical tenant claimed property damage resulting from malfunction of the forced air HVAC system
  , specifically, the hot water boiler system controlled by the building automation system. The lawsuit included the system designer
  controls contractor, as well as five subcontractors
  /or suppliers. All claims were settled at mediation after discovery was substantially completed.

  •Represented general contractor with respect to claims for multiple construction defects
  alleged late completion of large expansion of municipal-owned recreation center. Defect claims included allegations of issues involving windows, swimming pool
  fire suppression system. Claims were ultimately resolved by bonding company.

  •Represented general contractor against negligent construction claims brought by the owner of multi-level apartment building. Upon investigation of the claims, it was determined that the windows installed in the building had been defectively manufactured. A pre-suit mediated settlement was reached wherein the window manufacturer agreed to supply
  install in excess of 700 new windows for the building at no cost to the building owner or general contractor.

  •Defended architect with respect to water intrusion claims arising from the interface of chimneys at sloped roof lines in a 245 unit residential condominium. General contractor
  subcontractors were alleged to be responsible for construction defects
  architect was accused of failing to adequately communicate design intent. Mediation resolved case against architect for less than anticipated defense costs.

  •Represented developer
  general contractor with respect to a 108 unit residential condominium with respect to construction defect claims including issues related to moisture barriers, exterior stone work, roof
  window flashing, ice-guard at roof edges, caulking
  installation of underground water lines. Claims were successfully resolved at mediation.

  •Defended general contractor in lawsuit filed by State of Ohio with respect to highway bridge located on state highway. State claimed that bridge needed to be replaced for costs in excess of $4 million within one year of opening due to design
  construction defects. Case settled after mediation without contribution by general contractor.

  •Defended developer
  general contractor with respect to 100 unit residential condominium as to a lawsuit filed by the Ohio Civil Rights Commission alleging various ADA violations such as noncompliant thresholds, thermostat heights, bathroom accessibility, gang mailboxes heights
  driveway slopes. Lawsuit was settled after extensive negotiation involving subcontractors, architect
  site engineer.

  COMMERCIAL LITIGATION/CONTRACTS/BUSINESS LOSSES:

  •Represented international retail product sourcing company in federal litigation
  multiple disputes involving allegations related to royalty fees, exclusive product rights, personal injury allegations, non-competition provisions
  various contract claims.

  •Represented employees with respect to non-competition provisions
  trade secret claims in sales employment agreement subsequent to termination of relationship.

  •Represented employees with regard to claims of sexual discrimination
  /or harassment.

  •Represented both insurers
  insureds with respect to insurance coverage disputes.

  •Defended property owners with respect to serious bodily injury claims allegedly resulting from concealed conditions
  /or dangers sustained by business invitees while on premises.

  PRODUCTS LIABILITY:

  •Represented manufacturer of stator coil
  rotors installed in 7,000 horsepower motor used in steel rolling application in large steel mill which jury determined failed due to defective installation of copper wires windings onto rotors by third-party international electrical service company. Trial lasted three weeks
  included testimony of five electrical engineers.

  •Defended international manufacturer of trucking products with respect to multiple litigations involving bodily injury
  /or commercial property damage claims arising out of over-the-road trucking spring brake actuators, air suspension systems
  air ride seats.

  •Defended national manufacturer of wall mount air conditioners with respect to multiple product defect claims alleged to have contributed to damage in commercial modular
  classroom markets. These cases typically involved fires in unoccupied structures
  the use of fire
  electrical experts.

  •Represented manufacturer of industrial gas oven with regard to catastrophic burn injuries sustained by factory worker during explosion of oven. Jury case was settled after several days of trial.

  •Defended regional semi truck dealer in litigation arising out of the manufacture of a truck frame
  tank assembly for a spray vehicle that was alleged to have failed due to design defects. Case settled prior to trial.

  •Represented manufacturers of machine press
  industrial stationary b
  saws which partially severed h
  s of operators due to alleged guarding/instruction issues.

  •Defended automobile dealership in action by State of Ohio which claimed multiple vehicle fires caused by defective installation of heating equipment in fleet of new highway patrol vehicles. Case was dismissed at conclusion of State's case for lack of evidence that would justify verdict for plaintiff.

  BODILY INJURY/PROPERTY LITIGATION:

  Have h
  led hundreds of litigations involving injury claims
  /or property damage, including the following:

  •Injury claims:
  -wrongful death
  -brain injury
  -orthopaedic injuries
  -neurological injuries
  -substantial deformities
  -permanent functional impairment
  -minor injuries

  •Property damage claims:
  -Fire loss
  -Theft loss
  -storm damage
  -water damage
  -vehicular damage