Andrew Smith is a partner in the Cincinnati office of Lewis Brisbois and a member of the Construction Practice. Andy has extensive experience in state and federal courts throughout the country, and is one of a handful of attorneys in the United States to achieve the Certified Litigation Management Professional designation from the Claims and Litigation Management Alliance (“CLM”).

Andy’s interest in construction litigation stems from his family’s connection to the industry. His father, a lifelong construction worker, was a machine operator and worked in stone quarries in northwest Ohio for decades. His uncle was the founder of a family masonry company, and other members of his family work as electricians, carpenters, and operators at a nuclear power plant. Andy’s small-town upbringing instilled in him the importance of building long-term trust and relationships with clients.

In addition to his work as a litigator, Andy involves himself in numerous organizations connected to the construction industry. For example, he is an active participant on the Construction and Insurance Law Committees for three different organizations: CLM; the Ohio Association of Civil Trial Lawyers; and the Defense Research Institute.

He is a member of the CLM Construction Claims Magazine editorial board. To reach those in the construction industry directly to understand what they need from their attorneys, Andy takes an active role with two additional organizations, Allied Construction Industries and the Home Builders Association of Greater Cincinnati. He is also the creator of the construction law blog, Between the Law and a Hard Hat.

An avid University of Cincinnati college sports fan, in his spare time, Andy enjoys co-hosting BearcatsSportsRadio.com and podcasting about and photographing the UC football and men’s basketball teams.

Certifications

Community Activities

Professional Presentations

• “Excavating the Social Media Goldmine in Claims & Litigation” (2019), presented at Kentucky Claims Association Convention, Florence, Indiana
• “Overview of Fitbit, Alexa, and Nest Thermostats in Litigation and Claims Investigations” (2018), presented at OACTA Annual Meeting, Columbus, Ohio
• “Construction Robots – The Way of the Future is Already Here” (2018), presented at CLM Construction Conference, Chicago, Illinois
• “Flying Cars – The Next Big Thing in Insurance” (2018), presented at Cincinnati Bar Association Space & Aviation Law Practice Group, Cincinnati, Ohio
• “When Worlds Collide - Ridesharing Meets Autonomous Vehicles” (2018), presented at CLM Midwest Conference, Chicago, Illinois
• “Using Data from Wearable Devices, Smart Thermostats, and Digital Assistants in Claims and Litigation,” (2018), presented at Claims and Litigation Management Alliance Annual Conference, Houston, Texas
• “Drones for the Insurance Industry,” (2018), presented at Bluegrass Claims Association, Nicholasville, Kentucky
• “Social Media Investigations and Pitfalls,” (2017), presented at National Business Institute Legal Ethics Seminar, Cincinnati, Ohio
• “How Self-Driving Cars Will Change the World of Insurance,” (2017), presented at Claims and Litigation Management Alliance 2017 New York Conference
• “Alexa, Help Solve My Case!”, (2017), presented at Ohio Chapter of International Association of Special Investigation Units (IASIU) Fall 2017 Conference, Columbus, Ohio
• “How Fitbit, Nest, and Alexa Impact Claims and Litigation,” (2017), presented at Chartered Property Casualty Underwriter Society Conference, Newark, Ohio
• “Wearable Devices, Smart Thermostats, and Digital Assistants,” (2017), presented at National Society of Professional Insurance Investigators Indiana Chapter Conference, Fishers, Indiana
• “Uber Coverage Issues and Complications for Ride-Sharing,” (2017), presented at Claims and Litigation Management Alliance 2017 Midwest Conference, Chicago, Illinois
• “Unmanned Aerial Vehicles for Emergency Responders,” (2017), presented at University of Cincinnati Conference, Cincinnati, Ohio
• “The Sharing Economy:  Coverage and Litigation,” (2017), presented at Cincinnati Bar Association Insurance Law Continuing Legal Education Seminar, Cincinnati, Ohio
• “Litigation Ethical Issues and Social Media Pitfalls,” (2016), presented at National Business Institute Advanced Trial Tactics Seminar, Cincinnati, Ohio
• “Coverage Complications:  Ride-Sharing, Bitcoin, Drones, and Self-Driving Cars,” (2016), presented at Claims and Litigation Management Alliance 2016 New York Conference, New York, New York
• “What Makes for a Good Coverage Defense?”, (2016), presented at Claims and Litigation Management Alliance National Construction Claims Conference, San Diego, California
• “Ride-Sharing, Bitcoin, Cybersquatting, and Drones,” (2016), presented at Claims and Litigation Management Alliance CLM) Annual Conference, Orlando, Florida
• “Federal Regulations Concerning Ride-Sharing, Bitcoin, Self-Driving Cars, and Drones,” (2016), presented at Cincinnati Bar Association Insurance Law Continuing Legal Education Seminar, Cincinnati, Ohio
• “The Uncertain World of Construction Defect Coverage, Construction Legal Ethics, and Pitfalls,” (2015), presented at National Business Institute Annual Construction Law Seminar, Cincinnati, Ohio
• “Insurance Complications in a Modern World, Including Ride-Sharing, Bitcoin, Legalized Marijuana, Cybersquatting, Self-Driving Cars, and Drones,” (2015), presented at Ohio State Bar Association Annual Insurance Law Continuing Legal Education Conference, Columbus, Ohio
• “Social Medial Issues Involving Claims and Litigation,” (2015), moderated at Claims and Litigation Management Alliance Southwest Ohio Chapter Education & Networking Conference, Cincinnati, Ohio

Admissions

• State Bar Admissions
  • Kentucky
  • Ohio
• United States District Courts
  • United States District Court for the Southern District of Indiana
  • United States District Court for the Western District of Kentucky
  • United States District Court for the Northern District of Ohio
  • United States District Court for the Southern District of Ohio

Associations

• Allied Construction Industries (ACI)
  • Education Committee
  • Safety Committee
• Ohio Association of Civil Trial Attorneys (OACTA)
  • Construction Law Committee
• Defense Research Institute (DRI)
  • Construction Law Committee
  • Insurance Law Committee
• Claims and Litigation Management Alliance (CLM)
  • Southwest Ohio Chapter (President, 2017-19)
  • Construction Claims Magazine Committee
  • Construction Law Committee
  • Insurance Law Committee
• Associated General Contractors of Ohio
• Home Builders Association of Greater Cincinnati

Education

University of Cincinnati College of Law, Cincinnati, Ohio

Juris Doctor, 2010

Bowling Green State University, Bowling Green, Ohio

Bachelor of Science, Economics, summa cum laude, 2007

Publications

• “Everything You Need to Know About Cincinnati’s New Airbnb Regulations,” CBA Report (March 2021)
• “Instant Information on Delay Damages, Construction Claims Magazine, Issue 1,” Volume 5 (Spring 2020)
• “Understanding the Boundaries of Requests for Admission,” NSPII Informer Newsletter, Issue 11 (December 2019)
• “Exception to the Rule: The Enforceability of Construction ADR Clauses,” Construction Claims Magazine, Issue 4 (December 2019)
• “Construction Robots - The Way of the Future is Already Here,” NSPII Informer Newsletter, Issue 10 (November 2019)
• “Bird's the Word! The Next Generation of the Sharing Economy,” NSPII Informer Newsletter, Issue 8 (March 2019)
• “That Bird Can Scoot," CLM Magazine (October 2018)
• “Construction Defect and CGL Policies: Is it Covered?,” Construction Claims Magazine, (Summer 2018)
• "Construction Robots - The Way of the Future is Already Here," (Co-Authored with Cynthia Rouse); NSPII News Magazine (Spring 2018)
• "A Way For Prying Eyes- As Airbnb Gains in Popularity, Privacy and Coverage Issues Bubble to the Surface," (Co-Authored with Candace Padgett), CLM Magazine (May 2018)
• "Ride-Sharing Coverage and Investigation – Don’t Get Left in the Back Seat!,” co-authored with Candace Padgett and John Hackett, NSPII Chapter Newsletter, Issue 6 (March 2018)
• "Construction Robots - The Way of the Future is Already Here," co-authored with Cynthia Rouse, CBA Report (April 2018)
• "Splitting Headache," Construction Claims, Issue 1, Volume 3 (Spring 2018)
• "Flying Blind on Flying Cars - Is the Insurance World Headed for a Major Crash?," NSPII News Magazine (Winter 2018)
• "Technology Update- Ride-Sharing Endorsement, Drone Case Law, and Airbnb for Your Boat," NSPII News Magazine (Winter 2018)
• "The Ride-Hailing Reality-Coverage and Claims Questions in the Age of Uber and Lyft," CLM Magazine (February 2018)
• "Excavating the Social Media Goldmine in Construction Claims," DRI: For the Defense (February 2018)
• "Get Your Money Back - When Can You Recover Attorney’s Fees in the Realm of Construction Law?," Construction Claims Magazine, Volume 2, Issue 4 (Winter 2017)
• "A Rosie Future? - As Construction Robotics Evolve, New Issues in Assessing Fault are Expected to Emerge,” Construction Claims Magazine, Volume 2, Issue 4 (Winter 2017)
• “Flying Blind- Cars That Take to the Air Are Here, But What Are the Insurance and Claims Implications?," CLM Magazine (January 2018)
• "Technology Update: Ride-Sharing Endorsement, Drone Case Law, and Airbnb for Your Boat," CBA Report (Jan./Feb. 2018)
• "Drones v. Shotgun - Where to Draw the Privacy Line?," NSPII Chapter Newsletter, Issue 5 (December 2017)
• "Drones Will Change the Game in Construction," DRI - The Critical Path, Volume 21, Issue 4 (December 2017)
• "Get To Know Your Star Witness - Fitbit," OACTA Quarterly Review, Volume 11, Issue 4 (Fall 2017)
• "When Can I Recover Attorney Fees in the Realm of Construction Law," DRI - The Critical Path, Volume 21, Issue 3 (October 2017)
• "These Aren't the Drones You're Looking For," NSPII Informer (September 2017)
• "Get To Know Your Star Witness - Fitbit," NSPII News (Fall 2017)
• "Alexa Please Help Solve My Case," CBA Report (September 2017)
• “Indiana Supreme Court Clarifies Collateral Source Rule in Favor of the Defense," DRI - The Voice, Volume 16, Issue 28 (July 2017)
• "Meet Your New Star Eyewitness," CLM Magazine (July 2017)
• "The Economic Loss Doctrine in Bluegrass Construction Cases," DRI - The Critical Path, Volume 21, Issue 2 (July 2017)
• "Immediately Appealable," Construction Claims, Volume 2, Issue 2 (Summer 2017)
• “Digging Social Media," Construction Claims, Volume 2, Issue 2 (Summer 2017)
• "Alexa, Please Help Solve My Case," NSPII Chapter Newsletter, Issue 3 (June 2017)
• "Your Work’s Exceptional Subcontractors," Construction Claims, Volume 2, Issue 1 (Spring 2017)
• "When Is 'Your Work' Actually Covered by the 'Your Work' Exclusion?" DRI - For the Defense; February 2017
• "The Legal Consequences of Airbnb," CBA Report (January 2017)
• "The New OSHA Silica Rule," Allied Construction Industries:  The Cincinnati Constructor (Fall 2016)
• "Understanding the Economic Loss Doctrine in the World of Construction Law," DRI In-House Defense Quarterly (Fall 2016)
• "Ohio Supreme Court Addresses Liquidated Damages," DRI - The Voice, Volume 15, Issue 41 (Fall 2016)
• "Force Majeure Contract Clauses," Northern Kentucky Bar Association Lex Loci (October 2016)
• "Court Blinded by Hindsight," Construction Claims (Fall 2016)
• "Hiding Behind a Woman," Construction Claims (Fall 2016)
• "The Economic Loss Doctrine in Bluegrass Construction Cases," Northern Kentucky Bar Association Lex Loci (August 2016)
• "OSHA Fines to Dramatically Increase in 2016," Allied Construction Industries:  The Advantage (August 2016)
• "FAA Finalizes Rules for Small Unmanned Aircraft Systems," Cincinnati Bar CBA Report (August 2016)
• "Lack of Privity Bars Entry of Claims," Construction Claims (Summer 2016)
• "Drones Will Change the Game in Construction," DRI - The Critical Path, Volume 20, Issue 2 (July 2016)
• "Drones Will Change the Game in Construction," The Cincinnati Constructor (Spring 2016)
• "How Will States Regulate Cars That Drive Themselves?," NSPII News (Spring 2016)
• "These Aren’t the Drones You’re Looking For," NSPII News (Spring 2016)
• "New Construction Regulations for 'Confined Spaces' and What They Mean to You," Allied Construction Industries:  The Advantage (April 2016)
• "A Primer on Ohio's Statute of Repose," DRI - The Critical Path, Volume 20, Issue 1 (April 2016)
• "Words Matter When Requesting an Examination Under Oath," NSPII News (Winter 2016)
• "Ridesharing Regulations Arrive in the Buckeye State," NSPII News (Winter 2016)
• "When Can You Get Paid? An Evaluation of Payment Clauses in Ohio", DRI - The Critical Path, Volume 19, Issue 3 (Winter 2015)
• "The Economic Loss Doctrine - What Does It Mean To Your Claim or Lawsuit?," NSPII News (Winter, 2015)
• "The Nuts and Bolts of a Breach of Contract Lawsuit," Ohio State Bar Association:  Law You Can Use" (September 21, 2015)
• "Everything You Need to Know About the 2015 Amendments to the Federal Rules of Civil Procedure," CBA Report (October 2015)
• "Construction Contracting - Ohio Generally Prohibits Indemnification Clauses," Ohio State Bar Association Fine Print, Issue 64 (Summer 2015)
• "New Construction Regulations for Confined Spaces and What They Mean to You and Your Clients," CBA Report (August 2015)
• "What is a Negligence Claim?," Ohio State Bar Association:  Law You Can Use (July 13, 2015)
• "Understanding "No Damages for Delay" Construction Clauses in Ohio," DRI - The Critical Path, Volume 19, Issue 2 (July 2015)
• "How Far Can You Go? Contracting Construction Indemnification for Your Own Negligence," NSPII News (Spring 2015)
• "Construction Claims: Should I Sue?," Ohio State Bar Association:  Law You Can Use (May 25, 2015)
• "The Economic-Loss Doctrine: A Commonsense Approach," DRI - The Voice, Volume 15, Issue 25 (Spring 2015)
• "The Economic Loss Doctrine - What Does It Mean To Your Claim or Lawsuit?," OACTA Quarterly Newsletter (Spring 2015)
• "Know Legal Consequences Before Forming A Business in Ohio," Ohio State Bar Association:  Law You Can Use, (March 18, 2015)
• "Buyers Must Beware When Purchasing Property," Ohio State Bar Association:  Law You Can Use (February 23, 2015)
• "Subrogation May Determine Who Pays Debts," Ohio State Bar Association:  Law You Can Use (February 2, 2015)
• "The Economic Loss Doctrine – What Does it Mean to Your Claim or Lawsuit?," Ohio Association of Civil Trial Attorneys Update (Winter 2014)