Mark W. Bernlohr

BIOGRAPHY
Phone: (330) 252-9060 | Fax: (330) 252-9078 | Email: mwbernlohr@jacksonkelly.com
50 South Main Street, Suite 201, Akron, OH 44308


Mark W. Bernlohr is a Member of Jackson Kelly's Litigation Practice Group, resident in the Firm's Akron, Ohio, office. Mr. Bernlohr has over twenty-five years of trial experience in the areas of commercial, business and construction litigation. He represents contractors, owners, developers, architects and suppliers in the prosecution and defense of construction claims, including public and private projects, breach of contract, delay, change orders and/or extras, bid disputes and liens. In addition, Mr. Bernlohr represents equipment leasing and finance companies and banks involved in equipment leasing and litigation. 

Specific examples of Mr. Bernlohr's construction experience include:
 

  • Represented general contractor against public sewer district for claims for unpaid change orders, extras and delay damages involving waste water treatment plant
  • Represented general contractor against municipality challenging the award of a multi-million dollar public project to the second lowest bidder
  • Defended zoo against claims by unsuccessful bidder relating to large improvement project
  • Represented an electrical prime contractor against public university relating to the improper award of a public construction contract
  • Represented a prime mechanical contractor against a public university for claims relating to unpaid change orders and extras, interference and delay damages
  • Defended a general contractor in claims asserted by the owner for alleged defects in construction involving the construction of a large public library
  • Defended the owner and bonding company of a private shopping center from claims against the site excavator seeking damages for alleged unsigned change orders and/or extras, differing site conditions, etc.
  • Represented general contractor against municipal housing authority contesting the bid procedure utilized by the public authority involving a large public housing project
  • Represented the public authority in claims against architect and sub-consultants relating to errors in the contract documents
  • Represented owner against contractor, architect and structural engineer alleging defects in the design and construction pertaining to various zoo structures
  • Defended general contractor in claims asserted by electrical contractor which alleged unpaid change orders, delay and lost productivity
  • Represented numerous homeowners with regard to defects in construction of residential homes
  • Represented various contractors with respect to failure of various homeowners to make payment for changes in residential construction
  • Represented numerous suppliers and subcontractors with regard to filing mechanic’s liens and/or claims upon public funds (attested accounts) for materials furnished and/or work performed on private and public projects
  • Represented various developers in connection with the development and construction of residential and townhome developments
  • Represented homeowners’ association against contractors, design professionals and insurance companies alleging defects in the design and construction of a large townhome community
  • Represented electrical subcontractor with respect to claims for delay, acceleration and lost productivity relating to the construction of a large municipal swimming pool and fitness center
  • Represented general contractor against a large municipality for change orders, extras, delay and lost productivity relating to the construction of a sewer and pump station

Mr. Bernlohr has also litigated numerous business cases involving the prosecution and defense of shareholder and partner disputes, non-compete and employment agreements, misappropriation of trade secrets, fraud and injunction cases. He has represented several large oil and gas exploration companies in the defense of oil and gas lease rights. Mr. Bernlohr also has over 55 published opinions and has extensive jury and bench trial experience throughout the State of Ohio. 

Since 2011, Mr. Bernlohr has been recognized by The Best Lawyers in America® for Bet-the-Company Litigation, Commercial Litigation and Construction Litigation. In 2016 and 2017, he was named "Lawyer of the Year - Construction Litigation" by Best Lawyers. He is an adjunct professor at the University of Akron where he teaches courses in Legal Aspects of Construction and Construction Specifications. 

 
Legal Experience
 
2014 - PresentJackson Kelly PLLC
1999 - 2014Bernlohr, Niekamp & Weisensell, LLP
1989 - 1999Mark W. Bernlohr Co LPA
 
Education
 
1987J.D.Capital University
1984B.S.Pennsylvania State University (Administration of Justice)
 
Bar Admissions
 
1987Ohio
 
Court Admissions
 
All Ohio State and Federal Courts

Professional Involvement:
  • Akron Bar Association
  • American Bar Association

Teaching and Lecturing:
  • Adjunct Professor, Legal Aspects of Construction and Construction Specifications, University of Akron, 2010-present

Awards and Honors:
  • Named the Best Lawyers' 2016 and 2017 Akron, Ohio, Litigation - Construction Law "Lawyer of the Year"
  • Selected by his peers for inclusion in The Best Lawyers in America® for Bet-the-Company Litigation, Commercial Litigation and Litigation - Construction, 2011-2018
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