Ronald M. McMillan

In addition to court appearances, Ron has conducted numerous hearings before the American Arbitration Association and is a member of the AAA’s panel of construction arbitrators.

As a member of the firm’s Construction practice group, Ron counsels and represents public and private owners, contractors and subcontractors in several different contexts related to various types of construction projects in and outside of Ohio. Ron’s representation has involved resolution of contract disputes, claims and lien litigation, and contract drafting and analysis. Ron has also presented at construction law seminars, speaking on construction claims, public contracting and related topics.

Ron also works with several of the firm’s practice groups to provide advice and representation to clients on a variety of issues pertaining to the enforcement of creditors’ rights, including bankruptcy adversary proceedings, attachment and garnishment proceedings, fraudulent transfer claims and debt collection issues.

Since joining Calfee in 2002, Ron has represented clients in numerous other areas as well, including business tort and serious accident litigation, TRO and preliminary injunction cases, municipal litigation, non-competition and nondisclosure disputes, environmental litigation, franchise and distribution litigation and many other areas of commercial and corporate litigation.

He also counsels corporate clients on various compliance issues such as government contracting and product regulation issues.

Honors & Recognitions

• The Best Lawyers in America^®, Commercial Litigation (2022-2024)

Education

J.D., summa cum laude, Cleveland State University College of Law, 2000

B.A., magna cum laude, Cleveland State University, 1996

Experience

Representative Construction, Real Estate, and Environmental Litigation Matters

• Represented a state government commission client in a matter involving a construction company that had served as the general trades’ contractor for a renovation project for the client. The construction company caused multiple delays on the project, resulting in claims being asserted against the client by the other prime contractors and the construction company’s subcontractors on the project. The construction company was terminated by the client and multiple lawsuits were filed. Calfee advised the client in the resolution of all claims other than those asserted by the construction company. The construction company’s and the client's claims against one another were litigated up to the date of trial, but Calfee was able to achieve for the client an agreement to settle all the pending claims.
• Represented a facility design and energy services firm in an arbitration matter against a medical marijuana grower and processor and certain affiliated entities. The client performed design work for several marijuana facilities in multiple states. The client also performed construction services for one of the projects, but the client's customer failed to pay agreed-upon amounts for the work. The project owners asserted delays on the projects and failures to perform by Calfee's client, which the owners asserted led to property damage at one of its buildings and crop losses. The owners sought tens of millions of dollars in damages. The matter was settled favorably to Calfee's clients and arbitration demands were dismissed.
• Representing a subcontractor to general contractors and construction managers to comment on contract language and proposed revisions and to pursue liens on projects where payment has not been made. Calfee’s advice has aided the client in prospectively avoiding potential liabilities on construction projects that could number in the millions of dollars.
• Served as foreclosure and collections counsel for a foreign limited liability company client with respect to defaults on a secured promissory note. The client purchased a loan made to several medical practice entities owned by or affiliated with one specific doctor. The note was secured by mortgages on four different commercial properties. Calfee obtained a cognovit judgment against several borrowers and guarantors and is foreclosing on the secured properties.
• Served as litigation counsel for a publicly traded, Fortune Global 500, European company client in connection with an attempt to exercise a right of first refusal for an industrial property. The client is the successor in interest to certain parcels of real property in the Midwest. An adjoining landowner gave the client company’s predecessor a right of first refusal to purchase its property, but it later transferred the property to an affiliated entity and sold the entity’s membership interests to a third party. The client's operations would have been adversely impacted by the current owner's intended use, but Calfee was able to obtain a favorable settlement for the client that involved the transfer of a portion of the disputed property.
• Representing a government entity against claims from a terminated construction company seeking alleged unpaid contract balances and delay costs.
• Obtained a high six-figure arbitration award for a subcontractor that was improperly terminated from a project by the general contractor and defeated a multi-million dollar counterclaim by the contractor.
• Defended a nationwide retailer against a seven-figure claim for breach of a commercial lease terminated by the retailer, including obtaining an attorney fee award for the retailer.
• Obtained a multi-million-dollar judgment against several individual and organizational members of a real estate group in connection with a commercial foreclosure.
• Obtained a judgment enforcing a commercial loan and guaranty, and an award of attorney fees, in connection with a mechanic’s lien dispute.
• Successfully resolved disputes involving several commercial leases impacted by COVID-19 closures.
• Successfully resolved environmental claims involving a Superfund site allegedly operated by a corporate predecessor.
• Defended a large county hospital in both court and arbitration proceedings against claims by contractors and subcontractors arising from major hospital renovation.
• Defended a lessee corporation against claims by a lessor related to multi-year lease extensions entered with a corporate insider.
• Resolved a dispute between an excavating company and a township related to cost overruns on a sewer installation project.
• Defended a successful bidder on a large water treatment project against a bid protest by a competitor.
• Defended a regional sewer district against a claim by a contractor for excess equipment and labor costs on a sewer cleaning project.
• Successfully defended the priority of a mortgage for the insured of a local title company whose interest was challenged in foreclosure.

Representative Business, Corporate, and Commercial Litigation Matters

• Representing an independent equipment finance and secured lender in litigation pending in Common Pleas Court and the U.S. Bankruptcy Court in the client’s efforts to gain possession of multiple aircraft and aircraft engines in connection with a loan default. The action has involved prosecuting the client’s complaint and motion for replevin, as well as claims by other lenders. This action implicates international treaties and federal law regarding the priority of security interests in aircraft and engines, which has required presenting multiple complex legal theories to state and federal courts.
• Representing a mutual health insurance company in several litigation matters, specifically: (1) a class action lawsuit challenging the client's practices in connection with "value-based contracting" with medical providers; (2) a class action lawsuit challenging the client's practices also in connection with "value-based contracting" by medical providers but with a larger putative class; (3) an action alleging the breach of our client's agreements with two national insurance providers.
• Defended a manufacturing company against an intentional tort claim brought by an employee injured by a punch press.
• Defended a research and manufacturing company against claims by an employee injured during the use of a mixing machine.
• Represented a local manufacturing and distributing company in numerous claims against distributors, suppliers, and customers nationwide.

Presentations & Publications

Presentations

• “Updates on Construction Claims,” Ohio State Bar Association Construction Law Forum, Columbus, Ohio (September 17, 2015)
• “Public Competitive Bidding Statuses and Bid Protests,” Lorman Education Service, Toledo, Ohio (October 10, 2014)
• “Updates on Construction Claims,” Ohio State Bar Association Construction Law Forum, Columbus, Ohio (September 17, 2014)
• “Delay and Damage Provisions in Construction Contracts,” National Business Institute Seminar, Independence, Ohio (April 10, 2014)
• “Litigating Mechanic’s Liens,” Ohio State Bar Association, Columbus, Ohio (September 23, 2011)
• “Construction Claims,” Ohio State Bar Association Construction Law Forum, Columbus, Ohio (September 2, 2010, September 6, 2011, September 5, 2012, September 4, 2013)
• “Entering into Construction Contracts and Subcontracts,” Ohio Construction Law Seminar, Middleburg Heights, Ohio (December 8, 2010)
• “Case Law Updates: Rulings that Affect Your World,” Construction Defect Litigation: From A to Z seminar, Worthington, Ohio (September 2, 2009, September 28, 2010, September 19, 2011, May 15, 2012, May 8, 2013)
• “Avoiding Liability Under Contracts,” Minimizing Engineering Liability Exposure seminar, Independence, Ohio (June 21, 2007)

Publications

• “The Kaminski Decision and Employment Intentional Torts: The End of the Saga?” Calfee, Halter & Griswold LLP Update (March 25, 2010)
• “Unraveling the New Value Defense, Counseling Clients Dealing with Insolvent Debtors, Part II,” Federal Bar Association Newsletter, Inter Alia (Winter 2006)
• Co-author, "Making the right calls after a job-site accident," Builders Exchange Magazine, Vol. 6, Issue 1 (2006)
• “Nice Creditors Finish Last? Counseling Clients Dealing with Insolvent Debtors, Part I,” Federal Bar Association Newsletter, Inter Alia (Summer 2005)