News
Earl Messer
- E messer@taftlaw.com
- T (513) 357-9652
- F (513) 381-0205
Summary
Construction Experience
Earl has substantial experience handling complex, multi-party delay and defect claims, disputes over insurance coverage and defense, and claims against sureties. He has represented owners, contractors, subcontractors, and sureties. He is listed in Best Lawyers in America and Chambers USA for his work in the area of construction law. Earl is also a Fellow in the Construction Lawyers Society of America.
Real Estate Experience
Earl also has substantial experience with real estate litigation, including commercial foreclosures on offices buildings, hotels, manufacturing facilities, and warehouses, disputes relating to commercial leases, easements, and condominiums, and with receiverships, partitions, and condemnations.
Trial Experience
Earl has litigated hundreds of complex commercial cases, many through trial or arbitration, including jury trials. Besides construction and real estate cases, he has handled many other commercial disputes, particularly in defending against claims for fraud and fraudulent transfer.
Alternative Dispute Resolution
Earl utilizes mediation regularly, creatively, and successfully to accomplish efficient, economical dispute resolution for clients.
Awards
Honoree, Chambers USA: America’s Leading Lawyers for Business, Construction
(2019 – present)
Taft Pro Bono Honor Roll Award
(2022)
-
Honoree, Lawyer of the Year, Best Lawyers®, Construction Law (2014, 2020), Litigation – Real Estate (2025), Cincinnati
Honoree, Best Lawyers in America (2013 – present)
AV Peer Review Rated, LexisNexis/Martindale-Hubbell
Charter Fellow, Construction Lawyers Society of America (CLSA)
All Service Areas
All Practices
All Industries
Education
- Salmon P. Chase College of Law - Northern Kentucky University (1991)
- University of Cincinnati (1984)
- United Wesleyan College (1977)
Admissions
- Federal - 6th Circuit Court of Appeals
- Federal - Southern District of Ohio
- State - Ohio
Notable Matters
- JPMCC 2004-CIBC10 7th Street Office, LLC v. URS Tower, LLC, 2013 -Ohio- 796, 987 N.E.2d 348 (First District Court of Appeals)
- Bank of America, N.A. v. Corporex Realty & Investment, LLC, 875 F. Supp. 2d 689 (S.D. Ohio 2012)
- Pierce Point Cinema 10, LLC v. Perin-Tyler Family Foundation, LLC, 2012 WL 5306126 (12th District Ohio Court of Appeals)
- United States ex rel., Rieck Group, LLC v. Monarch Constr. Co. (U.S. District Court, S.D. Ohio 2009), 2009 WL 3227325
- Waste Mgmt. v. Danis Indus. Corp. (U.S. District Court, S.D. Ohio 2009), 2009 WL 347773
- RPD Long Beach v. Tranter-Hare Inv. Bldg. Corp. (U.S. District Ct., S.D. Ohio 2008), 2008 WL 269444
- Knowlton Const. Co. v. Liberty Mutual Ins. Co. (U.S. District Court, S.D. Ohio 2008), 2008 WL 7766874
- Ohio Dept. of Administrative Services v. Design Group, Inc. (Ohio App. 10th Dist. 2007), 2007 WL 4171131, 2007 -Ohio- 6278
- Knowlton Const. Co. v. Liberty Mutual Ins. Co. (U.S. District Ct., S.D. Ohio 2007), 2007 WL 4365690
- Kohlbrand v. Ranieri (2005), 159 Ohio App.3d 740, 823 N.E.2d 76, 2005 -Ohio- 295 (2005)
- Gordon Constr., Inc. v. Peterbilt of Cincinnati, Inc. (Ohio App. 12th Dist., 2004), 2004 WL 2849221, 2004 -Ohio- 6662
- Waste Mgmt., Inc. v. Danis Indus. Corp. (U.S. District Ct., S.D. Ohio 2004), 2004 WL 5345389
- Gordon Constr., Inc. v. Peterbilt of Cincinnati, Inc.(Ohio App. 12th Dist., 2003), 2003 WL 22227380, 2003 -Ohio- 5111
- Waste Mgmt., Inc. v. Danis Indus. Corp. (S.D. Ohio 2003), 247 F. Supp. 2d 1076
- Kent v. Cincinnati Ins. Co. (Ohio App. 12th Dist. 2001), 2001 WL 1566 969
Speeches and Publications
Taft Law Bulletins
Author, “Danger Sign For Overly Aggressive Construction Managers,” Oct. 20, 2021.
Author, “Consequential Damages: Is Your Waiver Inconsequential?” May 19, 2021.
Author, “Contractor Liable 13 Years After the Fact?” June 28, 2019.
Author, “Untimely Assertion of a Construction Claim: A Totally Avoidable Mistake,” March 5, 2019.
Author, “Contractors/Owners: Watch What You Say When a Dispute Arises,” Aug. 14, 2018.
Author, “Contractors: Pause and Think Before You Hit That Send Button,” March 26, 2018.
Author, “Prompt Pay Act: Great Asset for Subs, Major Danger for General Contractors,” Jan. 30, 2017.
Author, “Ouch! Contractor’s Claim Rejected For Untimely Notice,” Feb. 15, 2016.
News
Twenty-Eight Taft Attorneys Named Best Lawyers® "Lawyer of the Year" 2025 News
Three Hundred Sixty-Three Taft Attorneys Recognized in Best Lawyers in America® 2025 News
Taft Ranked in Chambers USA 2024 Guide with 85 Attorneys and 34 Practices Recognized News
Taft Announces 2024 Pro Bono Award Winners
Past Events
Professional Affiliations
- American Bar Association
Member
- Cincinnati Academy of Leadership for Lawyers (CALL)
Member, Class V
- Cincinnati Bar Association
Member
- Construction Lawyers Society of America
Fellow
- Federal Bar Association
Member
- Ohio State Bar Association
Member
- Ohio State Bar Foundation
Fellow
Community Involvement
- Volunteer Lawyers for the Poor Foundation
Board Secretary
- Taft Museum of Art
Board Member
- Park Place at Lytle
Member, Condominium Board
- Taft Pro Bono Committee
Member