Abigail Peabody
Attorney
Abby is an attorney in BMD’s Cleveland office and is a member of the firm’s Litigation practice area, where she works on complex commercial litigation disputes. She handles cases throughout all phases of litigation, including drafting pleadings, directing discovery, preparing for and conducting depositions, and researching and drafting dispositive motions.
Abby has litigation experience at both the trial and appellate levels in state and federal courts. Abby handles a wide range of matters, including actions involving construction and commercial contracts, construction and contractor disputes, insurance coverage issues, and drafting and negotiating complex construction agreements.
She is the creator and chair of BMD’s Technology & Legal Innovation Committee. Ms. Peabody received her J.D. from Case Western Reserve University School of Law.
She is admitted to the Ohio Bar, the U.S. District Court, Southern District of Ohio, the American Bar Association, Ohio State Bar Association, and the Cleveland Bar Association.
Contact Information
200 Public Square, Suite 1850, Cleveland, Ohio 44114Education
Case Western Reserve University School of Law, J.D.
Elon University, B.A., magna cum laude
Overview
Abby serves as the firm’s E-Discovery liaison with our partner Evidence Optix®. Evidence Optix® is a state-of-the-art approach to support discovery scoping and proportionality arguments leveraging analytics and attorney decisioning to right-size electronic discovery. Abby leads the effort to integrate Evidence Optix® into the firm’s litigation workflow offering the most cost-effective e-discovery plan for clients.
Abby was a member of the firm's Summer Associate Program. Before joining BMD, Abby worked as a corporate law clerk for Progressive Casualty Insurance. As a second year law student, Abby reached the Elite Eight in Case Western Reserve's Dean Dunmore Moot Court Competition and subsequently served on the law school's moot court board. While in law school, Abby also served on the editorial staff of the Journal of Law, Technology & the Internet. Abby's honors also include membership in the Order of the Barristers. Abby also participated in the International Education Experience, European Business and Corporate Law Comillas Pontifical University.
Representative Matters
- Regularly reviews construction contracts on behalf of contractors, design professionals, and consultants to mitigate potential risks, counsel on dispute resolution processes, and ensure compliance.
- Represented a design professional firm in the drafting and negotiating of AIA A133, B133, A201, and E203 Documents for a $70 million mixed-use development.
- Represented a design professional firm in the drafting and negotiating of AIA B133 Documents for a $35 million, 250-unit apartment complex using a Design-Assist project delivery method.
- Represented a design professional firm in the drafting and negotiating Architect/Engineer Agreement and several Consultant Agreements for a $22 million Ohio Public Facility Construction Project.
- Representing a design professional firm in the drafting and negotiating of 14 separate AIA C401 Subconsultant Agreements for a $500 million Design-Build Project, requiring significant active coordination efforts between public and private entities and multiple design disciplines.
- Assisted in the successful negotiation of a settlement on behalf of a large joint venture against a national manufacturer in a $20 million dollar delay impact claim.
- Successfully negotiated settlements on behalf of XL-insured design professional firms against complex errors, omissions and delay claim.
- Asserted mechanics’ lien claim on behalf of contractor client.
Courts and Bar Associations
- American Bar Association
- Forum on Construction Law
- Ohio State Bar Association
- Cleveland Metropolitan Bar Association
- U.S. District Court, Southern District of Ohio
Presentations & Publications
- Client Alert - "Ohio Senate Bill 49 – Ohio Expands Lien Rights for Design Professionals", October 20, 2021