Where Results Matter
Benjamin, Yocum & Heather serves clients with creative counseling and strong advocacy, delivering services in the following areas:
300 Pike Street
Cincinnati, OH 45202
Finding creative solutions with dedication, determination and enthusiasm
For over six decades, Benjamin, Yocum & Heather (BYH) has earned our clients' trust and confidence through demonstrated integrity, skill and diligence. Located in the historic American Book Building at Lytle Park in downtown Cincinnati, BYH provides legal services throughout Ohio, Kentucky and Indiana. We are committed to working with clients to make legal services affordable and accessible through innovative and reasonable fee arrangements, and by pursuing creative solutions to difficult legal challenges.
BYH has the highest rating (AV) for legal ability and ethics provided by the internationally recognized Martindale-Hubbell ranking. As recently shown by the unique success with the Kenwood Towne Place litigation, BYH is willing to undertake difficult and complex legal challenges.
We provide a wide range of legal services. To find a BYH attorney for your legal needs, visit our Practice Area pages, call (513) 721-5672, or e-mail us at firstname.lastname@example.org. Evening and weekend appointments are available.
Achieving results through impassioned advocacy
When the largest, most complex construction case hit the Greater Cincinnati area, 15 contractors turned to BYH for legal representation. Kenwood Towne Place, a $150 million commercial, mixed-use project with a 2500-space public parking garage, adjoined the area’s most upscale mall and was riding high expectations. It went bust in November 2008, leaving an eight-story office tower skeleton rusting along I-71.
The KTP Team
Patrick M. O'Neill, Thomas R. Yocum & Julie A. Neuroth
Of the over 60 contractors owed in excess of $40 million, BYH partnered with a group of 15. Applying innovative fee sharing arrangements and contingent fee agreements, BYH successfully prosecuted the case for substantial recovery; other contractors—not represented by BYH—received little or no payment.
Two KTP Clients Talk About BYH
Listen to what two clients involved in the Kenwood Towne Place litigation have to say about the zealous service they received from BYH, in spite of the tremendous odds against them, by clicking the videos below.
John Kraft Monroe Barnes
A Business Client's View of BYH
To hear a business client's description of his relationship with the firm click on the video below.
Tom Yocum, Arbitrator
Tom Yocum is a member of the American Arbitration Association panel of arbitrators and mediators for the construction industry and he is a member of the AAA Construction Advisory Council. Tom has been appointed by the Chief Justice of the Ohio Supreme Court to serve as a referee in construction cases pending in the Ohio Court of Claims.
By appointment of the Chief Justice of the Ohio Supreme Court, Tom served as Referee in the trial of an Ohio Court of Claims case last year between J & H Reinforcing & Structural Erectors, Inc. and the Ohio School Facilities Commission. Both parties appealed Tom's Referee decision to the Ohio 10th Appellate District in Franklin County assigning 24 separate assignments of error. In a lengthy and comprehensive opinion addressing Tom's Referee Decision (reported at 2013-Ohio-3827), the Court of Appeals affirmed the Decision on all 24 points.
The Decision addresses many of the important legal issues that arise in construction cases including delay claims, notice issues, waiver, labor inefficiency, measured mile method, home office overhead, good faith and fair dealing, plus more. In affirming the Referee Decision, the Court of Appeals quoted from the trial court judge, that Tom's approach and determinations on the labor inefficiency issues "reflects careful deliberation based upon all of the relevant evidence".
The case appears likely to become one of the leading Ohio authorities on many important issues affecting the construction industry.