Brennan, Manna & Diamond

Member

Practice Description and Experience

Mr. Hager’s practice focuses on commercial litigation and construction law.  He has extensive experience representing business owners, developers, contractors and design professionals in all facets of commercial litigation and construction law.  Mr. Hager has represented school systems and health care facilities on major construction projects and clients engaged in construction contract negotiations, surety bond disputes, mechanics’ lien claims and construction claims and management issues. 

• Mr. Hager represents clients in state and federal court litigation and in arbitration, mediation and administrative proceedings involving business disputes and construction matters.
• Qualified to testify as expert witness in various construction and commercial litigation matters.
• Listed:  The Best Lawyers in America®, (2003 through 2010).
• Recognized as one of Ohio's Super Lawyers™ in 2004-2010, as voted by his peers.
• Martindale-Hubbell Rating of AV*, which indicates very high to pre-eminent legal ability and very high ethical standards as established by confidential opinions from members of the Bar.
• Cuyahoga County court-appointed mediator available for private mediation proceedings.

  Presentations

  • Frequent lecturer at professional seminars for other attorneys and construction industry professionals concerning various construction law issues.
  • Presentations Include:  
  • “Know Your Construction Contract”
    “Getting Paid for Construction Work”
    “2007 Revisions to the AIA Contract Documents”
    “Litigation of Liens – Litigation and Enforcement of Mechanics’ Lien Claims”
    “What to Do When Construction Projects Go Bad”
    “Privileged Communications”
    “Economic Loss Doctrine”
    “Modern Mechanics’ Liens”
    “Paying Twice”
    “Litigation of Liens”
    “Using Ohio Construction Laws to Your Advantage”
    “Construction Law: What Do You Do When…?”
    “Construction Lien Law for Attorneys in Ohio”
    “Ohio’s Mechanics’ Lien and Prompt Payment Act: Using the Laws to Your Advantage”
    “Using the Notice of Commencement and Notice of Furnishing to Help You and Your Clients”
    “Understanding Legal Aspects of Construction Contracts”
    “Construction Contracts: Form and Substance”
    “Implementing Strategies to Minimize the Risk of Mechanics’ Liens and ‘Paying Twice’”
    “Design Build/Construction Management in Ohio”
    “Legal Challenges for Contract Glaziers”
    “Construction Payment Remedies in Ohio”
    “Hot Topics in School Law”
    “Construction Surety Bonds in Ohio”
    “Litigation and Enforcement of Mechanics’ Lien Claims”
    “Construction Litigation: Developing and Executing a Litigation Plan for the Six Stages of Litigation”

  • Publications

  • “So You’re Being Sued – Know What to Do to Prepare for a Lawsuit,” Hardwood Floors Magazine (October/November 2007)
    “The Six Stages of Construction Litigation,” Inside the Minds: Construction Law Litigation Strategies, Aspatore Books (2007)
    “Legal Perspectives – Contingent Payment Clauses: If and When – What’s the Difference?”  Properties Magazine, Inc. (November 2004)
    “Client Alert: Use of Foreign Steel on State-Funded Construction Projects”
    “Ohio Construction Law – Course Manual”
    “When an Agreement to Arbitrate is Binding,” Intercom (December 2001)

  • Education

  • Cleveland State University, Cleveland-Marshall College of Law, Cleveland, Ohio (J.D., cum laude, 1988)
  • John Carroll University, Cleveland, Ohio (B.A., 1984)

  Courts & Bar Associations

• Ohio Bar (1988)
• U.S. Supreme Court; U.S. Court of Appeals, Sixth Circuit; US District Court, Northern District of Ohio, And all Ohio State Courts
• Appeared in federal and state courts located in Ohio, Pennsylvania, West Virginia, New York, Illinois, Florida, Utah and California
• Member: American Bar Association (Forum on the Construction Industry; Litigation Section; and Construction Litigation Committee)
• Member: Ohio State Bar Association (Past Chair, Construction Law Committee)
• Member: Cleveland Metropolitan Bar Association
• Member: Akron Bar Association
  

  Professional and Civic Affiliations

• Member: John Carroll University, Board of Directors
• Chairman of the Board; Jesuit Retreat House
• Master Member: John Carroll University; Entrepreneurs Association
• Past Chair and Member: Board of Regents of John Carroll University
• Member and Past President: Lawyers Guild of Catholic Diocese of Cleveland
• Past Chair and Member, Board of Trustees: Walsh Jesuit High School
• Past Member, Board of Trustees: Convention and Visitors Bureau of Greater Cleveland
• Member: Associated General Contractors of Ohio
• Member: Associated Builders and Contractors
• Member: American Institute of Constructors
• Past Board Member: United States Selective Service System, 1992-2003
• Chair, Magis Advisory Group for John Carroll University