Andrew R. Kwiatkowski

Partner

Andy leverages extensive experience litigating complex commercial, tort, and class action matters with a personal approach to partnering with clients. He works with clients in a variety of industries, including motor vehicle distributors, consumer product businesses, manufacturers, and construction companies. He seeks to understand both the business and goals of the client and approaches issues with a cost-effective, logical, and well-communicated plan. In addition to litigation, Andy has assisted clients in drafting contracts, preparing consumer/commercial warranties, issuing product recalls, and providing legal guidance on litigation avoidance. 

His recent litigation experience includes acting as counsel for automobile, motorcycle, and RV manufacturers in product liability, class action, and warranty litigation. He has also defended companies against complex and significant tort cases. He also has substantial experience working with clients in the construction industry, having defended and prosecuted delay claims, construction defect, and bid protest cases. 

Andy is a member of the firm’s Recruiting and Professional Development committees and is active in several community efforts. 

Credentials

Education

Duquesne University School of Law (J.D.)

  • Duquesne Law Review, executive comment editor

Duquesne University (B.A., cum laude)

  • English and Psychology
  • O'Donnell Award for Excellence in English

Bar admissions

  • Ohio
  • Pennsylvania

Court admissions

  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of Ohio

Affiliations and memberships

  • Defense Research Institute
  • 4C for Children, past member, Board of Trustees
  • Cincinnati Zoo and Botanical Garden, Ambassador Council
  • C-Change, Class VI, Cincinnati USA Regional Chamber
  • Duquesne Law Alumni Association
  • Cincinnati Academy of Leadership for Lawyers (CALL), Class XVII
  • Archbishop Moeller High School, Scholarship Committee

Distinctions

  • Ohio Rising Stars®

Career Highlights
  • Mechanics Lien and Payment Act Matter

    Dinsmore represented an electrical and instrumentation services subcontractor in a mechanics’ lien and Contractor and Subcontractor Payment Act (CASPA) matter.  Following the provision of services for the construction of a natural gas pipeline, the subcontractor was not paid in accordance with the parties’ contract in an amount in excess of $1,000,000.  Dinsmore noticed and filed mechanics’ liens, along with a complaint alleging CASPA violations.  The contractor defended the claim by invoking a “pay if paid” provision in the contract.  Following protracted litigation, the Dinsmore team argued that the “pay if paid” provision was not enforceable because of the “prevention doctrine,” and recovered approximately 99% of the amount contractually due.

Publications
  • November 9, 2023

    Ohio Appeals Court Ruling Upholds Strict Limits on Timing for Bringing Negligence Claims Against Design Professionals

  • March 31, 2020

    Construction Impacted by Coronavirus? Know Your Lien Rights

News
  • June 5, 2023

    Dinsmore Climbs Two More Spots on “Top 50 Construction Law Firms” List