Richard O. Hamilton, Jr.'s Profile Image

Richard O. Hamilton, Jr.

Rick Hamilton is a partner and shareholder at Robbins, Kelly, Patterson & Tucker. He practices in the areas of construction and business law, assisting individuals and businesses with construction issues and commercial disputes ranging from small collection matters to large multi-party complex litigation and arbitration cases. Rick is licensed to practice law in the Ohio and Kentucky state and federal courts. He is a Qualified Neutral for American Arbitration Association as a mediator and an arbitrator. Rick has been with the firm since spring 2008.

Rick has 10 years prior experience as designer and construction manager for residential and light commercial/retail projects. In his law practice, he has extensive construction industry experience representing contractors, sub-contractors, suppliers, architects, and owners on residential, commercial, and public projects, in litigation, arbitration, and mediation. He assists clients with the prosecution and defense of claims, including breaches of contract, failure to perform in a workman-like-manner, Prompt Pay Act violations, enforcement of lien rights (private and public), performance and payment bond claims, Ohio EPA claims, Consumer Sales Practices Act violations, fraud, breaches of fiduciary duties, and various other civil claims.

Rick represents clients in intra-company owner/shareholder disputes and maintains a general business counseling practice and a business litigation practice. He counsels clients on construction and service contracts and on lease and financing agreements for personal and real property. He also advises clients on credit and collection matters, including credit applications, terms of credit, collection actions, and FDCPA issues.

Rick approaches representation with a business mindset, taking into consideration budgetary constraints, goals, and practical outcomes. He believes in diligence and perseverance in reaching client goals.

Rick is married with a daughter. He enjoys travel, scuba diving, hiking, visual arts, and movies. Optional: personal information, hobbies, community involvement

Professional Associations

  • Ohio State Bar Association
  • Cincinnati Bar Association
  • Kentucky Bar Association
  • Northern Kentucky Bar Association
  • National Association of Credit Managers
  • Allied Construction Industries
  • Arbitrator Neutral for American Arbitration Associations, 2011 - Present
  • Mediator Neutral for American Arbitration Associations, 2013 - Present

Community Involvement

  • Thomas Independent School District
    Parent Advisory Counsel
    Committee on Diversity, Equality, and Inclusiveness

Representative Matters

Matters of significance Rick has handled include representation of:

  • An electric contractor in litigation for claim in excess of $300,000 and steel supplier and erector for claim in excess of $200,000, resulting from non-payment involving Southwestern Ohio school district construction project.
  • A prime contractor for claim in excess of $1.5 million in an Article 8 dispute resolution process with a central Ohio college.
  • A prime contractor in defense of subcontractor claims in excess of $1.2 million on an Ohio college project.
  • An Ohio EPA qualified waste water treatment consultant-contractor in defense of an indemnification claim in excess of $1 million by owner of large trailer park home property located in Central Ohio, resulting from Ohio EPA claim against owner.
  • A broker for prosecution of a Realtor's Broker's Lien claim in excess of $170,000 for procuring tenants for a failed Cincinnati area retail construction project.
  • Equipment and material suppliers on a multitude of lease, rental, and account collections ranging from $5,000 to $150,000, which necessarily involved mechanic's liens and contract claims.
  • Homeowners on defense of sub-contractor and supplier claims in excess of $100,000 on a home construction project valued in excess of $800,000.
  • A contractor on a claim against a homeowner for failure to pay and wrongful termination of construction of a new home in excess of $800,000.
  • An electrical contractor in a Northern Kentucky retail development project for prosecution of a mechanic's lien for non-payment of a claim in excess of $120,000.
  • A contractor in defense of a prevailing wage complaint in an undetermined amount filed by Southwestern Ohio based trade association.
  • An architect on defense of claims presented by a residential builder for defective design.
  • An architect for a lien claim in an Indiana development for the City of Lawrenceburg.
  • A developer in a Southern Ohio residential development for defense of a lien claim by an excavator and prosecution of claims against the excavator in excess of $1 million;
  • A contractor for demolition of a former national meat processing plant under the Clean Ohio Revitalization Project Funding program, on claims against the owner in excess of $750,000.
  • A T-shirt distributor against an international manufacturer for defects, breach of warranty, repudiation of pending orders, and UCC implicated dispute in excess of $450,000.
  • Homeowners in collection of $225,000 resulting from a general contractor’s fraudulent and criminal conduct associated with defective construction and processing of fraudulent affidavits.
  • Purchasers against a seller regarding a purchase of interest of a regional SBA Small Business Investment Corporation, where the seller’s claims were disposed of through summary judgment, clearing the ownership interest of the investor purchasers resulting in distributions from the SBIC investment free and clear in excess of $2,000,000.
  • Employees in violation of a non-compete from a regional employer, resulting in negotiated terms that carved out specific market areas and customers allowing employees to continue with their new business enterprise.
  • A framing contractor for a multi-building HUD project for a claim in excess of $200,000 for unpaid work and wrongful termination of a contract.
  • An electrical supplier in a Northern Kentucky HUD project for a claim in excess of $185,000 for unpaid materials provided to the job site.

Publications

  • Manual of Credit and Commercial Laws, Attorney Reviewer for Ohio Mechanics Lien and Public Construction Bonds, National Association of Credit Management, Volume III, Construction Issues, 2012 through 2020 Editions
  • Workplace Investigations in Kentucky, 27 N. Ky. L. Rev. 201 (2001)

Presentations and Instruction

  • “Ohio, Kentucky, and Indiana Mechanic’s Lien Processes,” Allied Construction Industries, 2020
  • “Ohio and Kentucky Mechanic’s Lien Processes,” Allied Construction Industries, 2019
  • Adjunct Faculty, Cincinnati State Technical and Community College, 2012 - 2015
  • “Construction Lien Law,” Lorman Education Services, 2014
  • “Fundamentals of Construction Contracts,” Lorman Education Services, 2014
  • “Legal Seminar for Credit Professionals,” NACM, 2013
  • “Ohio and Kentucky Mechanic’s Lien Processes,” Allied Construction Industries, 2013
  • "Construction Lien Law," Lorman Education Services, 2010
  • "Mechanic's Lien & Bond Claim Processes," NACM, 2006, 2008
  • "DBE/MBE Qualifications," local law group, 2007
  • "Bond Claims and Mechanic's Liens Processes," Lorman Education Services, 2004, 2006
  • "Mechanic's Lien Process," ASHRAE, 2002
  • "Mechanic's Lien Process," Allied Construction Industries, 2001

Prior Military Experience

  • Specialist Fourth Class
    Army Achievement Medal for Meritorious Service
  • 2nd of the 9th Field Artillery
  • Pershing II Nuclear Missiles

Areas of Practice

  • Construction Law and Litigation
  • Commercial/Corporate Litigation
  • Business Law and Corporate Counseling
  • Collections

Bar Admissions

  • Ohio, 2000
  • Kentucky, 2008
  • U.S. District Court Southern District of Ohio, 2001
  • U.S. Eastern District of Kentucky, 2008

Education

  • Northern Kentucky University, Salmon P. Chase College of Law, J.D., 2000
    Moot Court Board
    Best Brief, W. Jack Grosse Intramural Moot, 1998
    Best Respondent's Brief, Gilbert A. Bettman Intramural Moot Court Competition, 1998
    Student Bar Association
    Student Honor Board
    Northern Kentucky Law Review, Student Articles Editor
  • Union Institute & University, B.S., Urban Studies & Planning, 1996
    President's Bronze Medal for Academic Excellence
  • Cincinnati State Technical and Community College, A.A.S., Architectural Engineering, cum laude, 1992