Mark L. Rodio

Representative Experience

• Obtained favorable award in favor of the owner in a AAA arbitration involving an apartment construction project where the general contractor was claiming in excess of $1.0 million in additional costs, which were denied, and resulting in an award that was $140,000 less than the remaining retainage owed.
• Obtained favorable award from a AAA panel in a case involving a hotel construction project for the developer, successfully defending against a claim by a subcontractor seeking $1.6 million in damages, resulting in award only of retainage plus $50,000 for extra work.
• Obtained arbitration award in excess of $228,000 in favor of one of two members of an LLC in a commercial transaction and successfully defended against entire $1.8 million counterclaim.
• Obtained settlement for $240,000 in favor of commercial landlord in lease dispute after obtaining summary judgment on tenant’s liability and successfully defending against $100,000 counterclaim.
• Obtained favorable ruling in the Court of Appeals on behalf of a general contractor seeking to enforce an arbitration provision against a defaulting subcontractor who was seeking to claim $2.5 million in damages to a jury.
• Obtained arbitration award in excess of $145,000 (plus legal fees) in favor of general contractor against defaulting subcontractor who was seeking $10,000,000 in damages on a demolition and salvage project.
• Obtained arbitration award in favor of builder against homeowner alleging damages in excess of $300,000 due to elevated levels of calcium carbonate in the ground water.
• Obtained unanimous jury verdict in favor of contractor against homeowner alleging damages in excess of $150,000 for repairs made after Hurricane Sandy and obtained money in favor of contractor for nearly the full value of the claim.
• Obtained judgment in favor of homeowner against a contractor for defective and incomplete work on a substantial home renovation project, including liability under contract, CSPA, and fraud theories.
• Obtained judgments “piercing the corporate veil” three times against borrower who refused to repay $1.5 million commercial loan and then fraudulently transferred assets to avoid collection.
• Obtained judgment in trial court and affirmed on appeal in favor of holder of a Cognovit Promissory Note and successfully defended against claims of duress, payment, release and res judicata.

Education & Admissions

Education

• University of Pennsylvania Law School, J.D., cum laude, 1995
• Case Western Reserve University, B.S., summa cum laude, 1992

Bar and Court Admissions

• State of Ohio
• U.S. District Court, Northern District of Ohio
• U.S. District Court, Southern District of Ohio
• U.S. Court of Appeals, Sixth Circuit

Involvement

Professional Affiliations

• American Arbitration Association, Commercial and Construction Panelist (2014-Present)
• Cuyahoga County Court of Common Pleas, Business Mediator (2015-Present)
• Cleveland Metropolitan Bar Association, Member (1996-Present)
• Ohio State Bar Association, Member (1996-Present)

Community Involvement

• Delta Tau Delta Cleveland Corporation, Treasurer (2002-Present)
• Malachi Center
  • Board Member (2008-2018)
  • Board President (2014-2016)
  • Board Treasurer (2016-2018)

Awards & Honors

• Named Best Lawyers® “Lawyer of the Year” in Litigation-Real Estate in Cleveland (2022)
• Named to Best Lawyers® in Litigation-Real Estate (2015 – Present), Commercial Litigation (2017 – Present), Real Estate Law (2018 – Present), and Construction Law (2020 – Present)
• Ranked as AV Preeminent by Martindale-Hubbell
• Recognized by Ohio Super Lawyers as a Rising Star (2005) and Super Lawyer (2016 – Present)

Publications

• “Written Arbitration Agreements Can be Enforced Even if Not Signed,” Frantz Ward On the Level (March 2024)

• “Ohio Changes Law Applicable to Home Improvement Disputes Greater than $25,000,” Frantz Ward Client Alert (July 2024)
• “The United States Supreme Court – More Partisan or Principled?” Frantz Ward Client Alert (July 2023)
• “Don’t Get Burned by the Hot Residential Real Estate Market – Use Extreme Caution!” Frantz Ward Client Alert (July 2022)
• “Hot! Hot! Hot! Don’t get Burned by the Perils of Buying and Selling Residential Real Estate,” Podcast Guest, Shoveling Smoke – A Frantz Ward Lawcast (September 2021)
• “Federal Power to Take Property for Public Use Can Be Delegated to Private Parties and Includes Land Owned by the States,” Frantz Ward Client Alert (July 2021)
• “Liquor in the Time of COVID: Direct to Home Sales,” Frantz Ward Client Alert (April 2021)
• “Ohio Shortens Statute of Limitations for Claims Based on Contracts,” Frantz Ward Client Alert (March 2021)
• “Sixth Circuit Holds that Demand Letter Did Not Waive Right to Arbitration,” Frantz Ward Client Alert (November 2020)
• “Ohio Announces Reopening Plans for Personal Services, Restaurants and Bars,” Frantz Ward Client Alert (May 2020)
• “Collections in the Time of COVID-19,” Frantz Ward Client Alert (April 2020)
• “Governor DeWine Issues Order Requesting Suspension of Commercial Rent Payments and Foreclosures,” Frantz Ward Client Alert (April 2020)
• “Statute That Discriminates Against Out-Of-State Business Applicants is Unconstitutional,” Frantz Ward Client Alert (August 2019)
• “Excessive Fees Properly Denied Under Prompt Pay Act,” Frantz Ward Client Alert (March 2019)
• “County Recorders Can Refuse to Record Merchanic’s Liens,” Frantz Ward Client Alert (November 2018)
• “Ohio Supreme Court Holds Custodians of Self-Directed IRA Not Strictly Liable for Ponzi Scheme,” Frantz Ward Client Alert (August 2018)
• “Supreme Court Upholds Collection of Sales Taxes on Internet Sales,” Frantz Ward Client Alert (June 2018)
• “We Have a Business Contract, So How Are We Being Sued in Tort? The Limits of the Economic Loss Doctrine,” Frantz Ward Client Alert (November 2017)
• “Website ADA Accessibility Lawsuit Dismissed,” LinkedIn (May 2017)
• “Changes to Ohio’s Consumer Sales Practice Act Take Effect,” LinkedIn (March 2017)
• “We Have You Covered: General Liability Policies,” Properties Magazine (March 2017)
• “Insurer Has Duty to Cover Contractor From Owner’s Property Damage Claims Due to Defective Subcontractor Work,” LinkedIn (February 2017)
• “2016 Real Estate Commissions Are Taxable in City Where Property Was Located,” LinkedIn (November 2016)
• “Ohio Supreme Court-CAT Applies to Online Realtors,” LinkedIn (November 2016)
• “Ohio Residential Construction & Improvements – Statutory Remedies and Limitations,” LinkedIn (August 2016)
• “Commercial Use of Drones,” LinkedIn (February 2016)
• “Summary of Mortgage Disclosure Rules,” LinkedIn (September 2015)
• “Arbitrating Claims With Non-Signatories,” Properties Magazine (July 2015)
• “Liquor Permit Holders Avoid Liability,” LinkedIn (May 2015)
• “Enforcing Arbitration Against Non-Signatories,” LinkedIn (September 2014)
• “Cognovit Defenses Besides Payment,” LinkedIn (August 2014)
• “Matters of Interest,” LinkedIn (July 2014)

Presentations & Lectures

• “Legal Update,” Akron Cleveland Association of Realtors (November 2023)
• “Ethics for Ohio Realtors,” Stark Trumbull Education & Events Committee CE Presentation (September 2022)
• “Breaking the Mold: Best Practices in Modular Construction and refabrication,” Advice From the Trenches Frantz Ward Construction Webinar (March 2021)
• “Ask the Lawyer: Free Q&A,” TPR Sold Webinar (April 2020)
• “COVID Commentary: Protecting and Turning Back On Your Revenue Stream,” Frantz Ward Webinar (April 2020)
• “Real Estate Litigation,” Frantz Ward Litigation Seminar, Cleveland, OH (September 2019)
• “Best Practices in CM at Risk and Design-Build Delivery,” Advice from the Trenches—Frantz Ward Construction Practice Seminar, Cleveland, OH (February 2019)
• “Ethics on Fair Housing,” BHHS Northwood Realty Services, Boardman, OH (November 2018)
• “Facility Management Issues,” Northeast Ohio Association of Corporate Counsel, Cleveland, OH (June 2017)
• “Classroom, not Courtroom,” Ohio Association of REALTORS®, Cleveland, OH (September 2016)
• “Dram Shop Liability and Risk Management,” Ohio Craft Brewers Association, Columbus, OH (June 2016)
• “Construction Surety Bonds and Bond Claims,” Lorman Education Services, Cleveland, OH (2013)
• “Litigation and Enforcement of Mechanic’s Lien Claims,” Lorman Education Services, Akron, OH & Cleveland, OH (2013)
• “Annual Convention Legal Issues,” Ohio Association of REALTORS®, Cleveland, OH (October 2014, 2016, 2020)
• “Fair Housing: Basics and Beyond,” Various, Cleveland, OH (2012 – Present)
• “Ethics for Ohio REALTORS®,” Various (2008 – Present)
• “Risk Management and the Ohio Real Estate Brokers Law,” Various (1997 – Present)

Media Coverage

• Mentioned in, “Lawyers, Firms Receive Recognition,” Cleveland Jewish News (January 2021)