John H. Dwyer Jr. Of Counsel

     

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John Dwyer is a veteran litigator who succeeds in persuading judges, juries and arbitrators from coast to coast. Focusing his practice on construction and commercial litigation, John is familiar with complex, multiparty actions with claims made in various directions. He has tried cases to jury verdict in multiple states in state and federal courts and has argued before the Sixth Circuit and the appellate courts of Kentucky and Indiana. John has been chosen repeatedly by peers to take the lead in multiparty litigation and regularly fields calls from fellow attorneys on questions ranging from civil procedure to ethics.

Practicing for much of his career in a smaller firm he helped establish, John has done more than litigate since many of his clients are closely held businesses, some of which he has represented through multiple generations of ownership. Drafting and revising operating and shareholder agreements, real estate purchase documentation and a variety of other agreements provides John clear insights when dealing with corporate litigation.

Areas of Focus

Construction Litigation
For more than 27 years, John has handled construction litigation ranging from residential to commercial to heavy industrial and horizontal heavy construction. Claims included catastrophic structural collapses, fires and explosions to delays, extras and straightforward breaches of contract. John has learned that there is rarely a substitute for climbing to the roof or descending into a subbasement to compare what’s on the plans with what was actually constructed.

Public Utilities
John has represented multiple wastewater and water utilities for four decades, typically acting as outside General Counsel. These clients have presented John with challenges involving state and federal regulatory issues, construction and design, surety bonds, employment and personal injury, eminent domain, real property and local politics. In addition to a tremendous range of legal issues, these entities have provided John with invaluable experience working with engineering-centric leadership subject to political oversight.

Professional Liability
John has handled a variety of professional liability claims, often arising in the construction and design context. Dealing with a variety of professional standards of care, and particularly how standards of care from different professions interrelate, provides John significant experience in evaluating claims.

Business & Commercial Litigation
John has handled a wide variety business and commercial litigation, including “business divorce” cases, allegations of breaches of fiduciary duty, improper competition and all sorts of breach of contract actions.