Justin M. Alaburda

Partner

Justin has a proven track record as a successful advocate for clients on a variety of commercial, business, construction, real estate and other civil litigation matters, and has handled matters in Ohio state and federal court, before arbitration panels, and administrative agencies.  As a trusted advisor, Justin's clients call on him to provide fast, practical and valuable advice relating to the proper management and resolution of claims.

Contact Information

75 East Market Street. Akron, Ohio 44308
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Education

Capital University Law School, J.D., cum laude
The College of Wooster, B.A., Political Science

Overview

Justin has been recognized by Ohio Super Lawyers as a Rising Star for eight consecutive years, 2012 - 2019.  Rising Stars are selected by their peers as the top up-and-coming attorneys who are under 40 or who have been practicing for 10 years or less.  Only 2.5 percent of the attorneys in Ohio are named to the Rising Stars list each year.

Representative Matters

  • Successfully defended civil engineer client from defective design claims in federal court and reaffirmed the accrual of statute of limitations for negligence claims against design professionals in Ohio
  • Defended a state agency at a two week bench trial and on appeal in a $1.2B class action lawsuit, as one of only a handful of class-action cases to proceed to trial after class was certified in the last thirty (30) years
  • Lead counsel in the successful defense of claim against civil engineer client involved in municipal pump station project, obtained court ordered dismissal on summary judgment at trial court and successfully argued the decision be upheld on appeal
  • Successfully defended state agency in class action involving the calculation of the Current Agricultural Use Value tax, obtained court ordered dismissal on summary judgment and affirmed on appeal
  • Represented emerging technology company in fraud and breach of fiduciary duty case against investor group, negotiated favorable settlement including payment and retention of intellectual property rights
  • Successfully prosecuted more than 20 lawsuits in federal court on behalf of a large medical device manufacturer client to enforce a unique provision in the standard services contract
  • Lead counsel in week-long AAA arbitration hearing, obtained $2.7 million dollar award, including delay damages and attorneys’ fees, in favor of specialty environmental remediation contractor client involved in a waste consolidation soil cover landfill project
  • Lead counsel in three-day AAA hearing, obtained award in favor of masonry contractor client involved in the construction of new K-8 school, including interest and attorneys’ fees under Ohio’s Prompt Payment Act
  • Successfully litigated payment claim on behalf of contractor client arising out of hydroelectric dam project delivered through the integrated project delivery (IPD) method, negotiated favorable multi-million dollar settlement
  • Successfully prosecuted delay damages claim before the Armed Services Board of Contract Appeals on behalf of contractor client involved in the construction of a new centralized office building pursuant to the federal government’s mentor-protégé program, negotiated favorable multi-million dollar settlement

Courts & Bar Associations

  • Ohio Bar (2007)
  • U.S. District Court, Northern District of Ohio (2008)
  • U.S. District Court, Southern District of Ohio (2015)
  • Member: American Bar Association
  • Member: American Bar Association (Litigation Section; Forum on the Construction Industry; and Construction Litigation Committee)
  • Member: Ohio State Bar Association
  • Member: Cleveland Metropolitan Bar Association
  • Member:  Akron Bar Association

Professional & Civic Affiliations

  • Board Member:  Construction Employers Association, Future Executive Board
  • Member:  Ohio Contractors Association
  • Member:  Subcontractors Association of Northeast Ohio
  • Member:  Surety Association of Ohio
  • Board Member: Downtown Akron Partnership Emerging Leaders
  • Member: Lawyers Guild of the Catholic Diocese of Cleveland
  • Participant: Volunteer Income Tax Assistance (V.I.T.A.)
  • Board Member: Seton Catholic School (2010 – 2014)

Presentations & Publications

  • Communication is Key: Strategies for Avoiding and Resolving Delay Damage Claims
  • Ohio Mechanics' Lien Law: Using the Law to Your Advantage
  • Is It True That I Only Get Paid If You Get Paid? Contingent Payment Provisions and Other Contract Terms That Affect Your Right To Be Paid
  • You Want What Warranty?
  • Contractual and Mechanics' Lien Waivers - What Am I Really Waiving?
  • Getting Paid for Extras, Notice Provisions and Cost Documentation Best Practices
  • Negotiating Damages in Construction Disputes
  • Ethics for Construction Attorneys
Contact Justin Today!