18 W. 9th Street
Cincinnati, OH 45202
P: 513.579.0080
F: 513.579.0222
RH PRACTICE AREAS
James L. Salmon is an attorney in our Cincinnati office focused on construction law and civil litigation. James seeks to add value and solve problems for his clients. James regularly provides continuing education training to construction and insurance professionals. James has lectured on the topics of risk management in construction, insurance coverage issues, and avoiding bad faith claims.
James has litigated insurance bad faith claims throughout his career. In Wyoming, Ohio, and Kentucky James pursued and defended bad faith claims. Those claims involved residential and commercial property damage, health insurance benefits, uninsured and underinsured motorist coverage, and a variety of business interruption claims. In addition to litigating bad faith cases, James has extensive experience litigating coverage issues and defending insureds under a variety of circumstances. James’ extensive experience in insurance law enables him to spot coverage issues, coverage gaps and other risks.
James’ knowledge of insurance law, the contents of a variety of insurance policies, the business purpose underlying the coverage found in those policies, and his understanding of the risks in the construction industry enable him to provide proactive advice to his clients regarding a variety of risk and related rewards.
James also serves as an Adjunct Instructor, teaching required coursework to students seeking to earn a Masters’ degree in Building Information Modelling Management and Integrated Digital Delivery from Middlesex University. James teaches students to utilize integrated project delivery, (IPD) virtual planning and design, aka building information modeling, (BIM) virtual design and construction, (VDC) and collaboratively controlled insurance programs (CCIPS) on complex commercial construction projects. James works with clients to modify existing legal frameworks to facilitate the use of IPD, BIM, VDC, and CCIPS in the built environment. James has served as an IPD facilitator, construction consultant, project neutral, and project counsel, among other roles. James advises clients involved in construction, insurance, and civil litigation. He provides construction consulting services and legal advice to clients throughout the construction industry including construction companies, designers, trade contractors, material suppliers, and insurance companies. James has litigated, mediated, tried, and arbitrated construction defects, delay and lien claims, easement disputes, design defects, bad faith actions, personal injury claims, and a myriad of other disputes that arise in the construction industry. James works closely with innovators on a multi-disciplinary basis to enable clients to leverage new-generation tools and technologies to deliver high-quality, sustainable commercial construction projects on time and on budget.
James advises entities interested in utilizing innovative legal strategies to procure, plan, design, and construct facilities and infrastructure on the creation of effective integrated teams. Though generally a preventive lawyer, James is capable of litigating commercial construction disputes of all kinds. James also routinely litigates insurance disputes and bad faith claims against insurance companies. Primarily, James is a problem solver.
EDUCATION
Texas Tech University, Lubbock, Texas
Bachelor of Arts, 1991
University of Cincinnati, Cincinnati, Ohio
Juris Doctor, 1994
STATE COURTS:
- State of Ohio
Construction Law Experience – Major Cases
- $280 million hotel and convention center project. Litigated almost 50 separate lien claims filed against general contractor. Settled dozens of claims for millions of dollars on terms favorable to general contractor client.
- $100 million+ retail development projected. Litigated claims on behalf of a coalition of trade contractors and settled on terms favorable to trade contractor clients.
- $100 million highway construction project. Litigated multiple wrongful death claims arising out of an explosion that occurred when a DC-9 Cat drug a ripper through a gas pipeline main. Won summary judgment on behalf of general contractor client.
- $75 million highway construction project. Litigated claims arising from alleged design defects. Settled claim on terms favorable to design client.
- $60 million downtown office tower. Litigated fire damage claims arising from alleged defects in the electrical wiring and design of the facility. Settled claims on terms favorable to design client.
- $50 million coal processing plant. Litigated lien claims filed by subcontractors involved in supplying pipe to a coal processing plant. Settled claims on terms favorable to subcontractor client.
- $30 million school construction project. Litigated toxic mold claims related to alleged defects in construction and design in Preble County, Ohio. Won summary judgment on behalf of design client in the trial court.
- $30 million power plant. Litigated dispute arising from alleged design defects in the flue. Settled claims on terms favorable to design client.
- $25 million hotel project. Litigated toxic mold claims related to defective caulking of the EIFS cladding system on the hotel. Settled claims on terms favorable to owner client.
- $10 million school construction project. Litigated collapse of portion of existing school that occurred during excavation for new addition. Settled claims on behalf of owner client against general contractor on favorable terms.
- $8 million wood chipping plant explosion case. Litigated claims filed by owner against the designer of the fire suppression system installed during the expansion of the plant. Settled claims on terms favorable to client-fire system manufacturer.
- Multi-million single-family home development. Litigated toxic model claims related to failed brickwork. Settled claims on terms favorable to homeowner clients.
BIM to FM Series, published monthly in AUGIWORLD, the official publication of Autodesk User Group International, from May 2012 through November 2012:
- An Introduction to Integrated BIM, May 2012
- What Owners Want, June 2012
- Procuring Integrated Services, July 2012
- Integrated Design Services, August 2012
- Integrated Construction Services, September 2012
- Integrated Operations Services, October 2012
- Integrated Maintenance Services, November 2012
Wicked Problems in Design and Construction, a series, published monthly in AUGIWORLD, the official publication of Autodesk User Group International, from May 2011 through March 2012:
- An Introduction to the Revolution in Design and Construction, May 2011
- A Primer on Wicked Problems in Design and Construction, June 2011
- Procuring Integrated Services, July 2011
- Financial Solutions to Persistent Design Problems, August 2011
- Digital Tools for the Built Industry, September 2011
- Persistent Problems in Construction, November 2011
- Wicked Solutions to Wicked Problems, January 2012
- Value Driven Project Delivery, February 2012 (edited by James L. Salmon)
- Integrated Procurement Programs, March 2012
- Financial Solutions to Persistent Construction Problems, April 2012
- Educating Integrated Teams, May 2012
“BIM & the Leadership Baton” BIM Journal, September 2010
“Components of BIM Performance” BIM Journal, August 2010
“BIM Project Workflow” BIM Journal, July 2010
“Integrated BIM for Owners” The Voice, Magazine published by the Construction Users Round Table, June 2010
Lectures
Adjunct Lecturer, Blockchain Strategies for the Built Environment, Middlesex University, London, United Kingdom (September 2017)
Adjunct Lecturer, Smart BIM & IPD Strategies for the Built Environment, Middlesex University, London, United Kingdom (September 2016)
Guest Lecturer, Peak Learners Who Make an Impact, American Society of Civil Engineers (ASCE) University of Cincinnati Chapter, Cincinnati, Ohio (October 2016)
Adjunct Lecturer, Introduction to Blockchain for the Built Environment, Middlesex University, London, United Kingdom (October 2016)
Guest Lecturer, BIM & IPD Strategies for Young Construction Professionals, University of Cincinnati, Ohio (November 2014)
5D-Conference 2013, Hochschule Konstanz, University of Applied Science, Konstanz, Germany (October 2014)
Guest Lecturer, BIM & IPD Strategies for Young Design Professionals, University of Calgary, Calgary, Canada (October 2013)
Workshops
Facilitator, Katy’s Castle Workshop, American Institute of Architects of Rochester, Rochester Institute of Technology, Rochester, New York (September 2015)
Speaker and Facilitator, Smart Built Culture Series, 12 Online Webinars, (January 2013 – December 2013)
Facilitator, Interoperable BIM Workshop, AIA Chapter, Tucson, Arizona (January 2013)
Facilitator, BIM & IPD Presentations and Workshops, Canada, (January 2013)
Facilitator, BIM & IPD Presentations and Workshops, Dublin Ireland, (October 2012)
Facilitator, IPD Legal Workshops, AIA and AGC Chapters in Tampa, Florida (September 2012)
Facilitator, IPD Legal Frameworks Workshop, AIA Chapter, Miami, Florida (February 2012)
Facilitator, IPD ConsensusDocs Workshop, AGC Chapter, Houston, Texas (October 2010)
Facilitator, Interoperable BIM Workshop, Tucson, Arizona, (September 2010)
Speaking Engagements
Engagements in the USA
Speaker, ConsensusDOCS, ABA, Construction Law Committee, Chicago, Illinois
Speaker, Consensus Docs National Rollout, Washington D.C.
Speaker, AIA IPD and ConsensusDOCS, Leadership in Capital Projects, Austin, Texas
Speaker, IPD & BIM for Engineers, SEA Chapter in Austin, Texas
Speaker, Introduction to IPD & BIM, AIA Chapter in Dallas, Texas
Speaker, National ConcensusDocs Webinars, AGC of Washington D.C.
Speaker, BIM & IPD for Owners, at Construction Users Round Table, Atlanta, Georgia
Speaker, BIM & IPD in Construction, Walton Construction, Kansas City, Missouri
Speaker, Forensic BIM and Home Builders, National Association of Home Builders (NAHB) Annual Meeting, Las Vegas, Nevada
Speaker, Forensic BIM in the Built Environment, Construction Specification Institute (CSI) Annual Meeting, Austin, Texas
Speaker, Transferring Title to Real Property on the Blockchain, International Blockchain Real Estate Association, 2nd Annual Conference, New York City, New York
Speaker, Smart Contracts on the Blockchain, International Blockchain Real Estate Association, Chapter Meeting, Cincinnati, Ohio
Engagements in Ireland
Speaker, BIM and the Standard of Care, Royal Institute of Architects, Dublin
Speaker, Procuring BIM& IPD Enabled Built Assets, Office of Public Works, Dublin
Speaker, Operating BIM Enabled Built Assets, Association of Consulting Engineers, Dublin
Speaker, Constructing BIM Enabled Built Assets, Construction Industry Federation
Speaker, Engineering BIM Enabled Built Assets, Society of Chartered Surveyors in Ireland
Speaker, Cultural & Legal Implications of BIM & IPD, Law Society of Ireland, Dublin
Engagements in Canada
Speaker, BIM Tools, Western Canadian Construction Super Conference, Calgary
Speaker, BIM, IPD & Public Private Partnerships, Alberta Infrastructure, Edmonton, Alberta
Speaker, IPD & BIM Solutions, BIM Summit, Vancouver, British Columbia
Speaker, Legal Implications of BIM & IPD, Canadian BIM Council, Calgary, Alberta
Engagements Online
Speaker and Facilitator, IPD Round Table Series, 12 Online Webinars
Speaker, AIA’s Project Delivery Documents, Multiple Local Chapters