Practice Areas ■ Construction ■ Commercial Litigation ■ Arbitration ■ Mediation and Alternative Dispute Resolution ■ Property and Liability Insurance Claims ■ Surety Claims and Workouts ■ Public Bidding and Procurement ■ Architectural and Engineering Liability ■ Labor and Employment Law ■ Real Estate Litigation Professional Activities and Achievements Fellow, American College of Construction Lawyers (2000-2014) ■ Board of Governors (2008-2010) Member, Minnesota Bar Association ■ Construction Law Section (Chairperson 1993, Member of Governing Council 1991-1996, Chairperson of Legislative Subcommittee 1995-2014) ■ Member of MSBA Assembly (2005-2006) Member, American Bar Association ■ Forum on the Construction Industry (Steering Committee Member, Dispute Resolution and Avoidance Division) Member, American Arbitration Association ■ National Construction Dispute Resolution Committee member ■ Regional Advisory Panel for Construction Arbitration ■ Instructor for AAA Arbitrator Training ■ Member of National Panel of Mediators and Master Mediation Panel ■ Member of Large, Complex Construction Case Panel and Construction Mega Project Panel Member, Minnesota Associated General Contractors ■ Board Of Directors (1999-2001, 2008-2010) ■ Legislative and Contract Forms Committees Recognitions ■ “AV Preeminent” (highest) rating by Martindale-Hubbell Legal Directory ■ Band 1 (highest) rating in Construction by Chambers USA (2008-2015) ■ Leading attorney in the field of Construction Law by Who’s Who ■ Selected for inclusion in “Best Lawyers in America” for Construction (2010-present) ■ “Best Lawyer of the Year” in Minneapolis for Construction (2013) ■ “Best Lawyer of the Year” in Minneapolis for Litigation-Real Estate (2014) ■ Selected by Minnesota Journal of Law and Politics as: ■ One of the Top 10 “Super Lawyers” in Minnesota (2006, 2015) ■ One of the Top 100 “Super Lawyers” in Minnesota (2003-2015) ■ A “Super Lawyer” in Minnesota Construction Law (1997-2015) ■ One of the Top 50 Appellate Lawyers in Minnesota (2000) ■ One of the Top 25 ADR Lawyers in Minnesota (2001) Certifications ■ Qualified ADR neutral in Minnesota Courts per Rule 114 ■ Arbitrator in 75+ cases ■ Mediator in 75+ cases ■ Construction Specifications Institute, CDT Minnesota Representative Cases Contract Negotiations: Negotiated many billions of dollars worth of design and construction contracts, including those for the new Minnesota Vikings Stadium project, and helped draft the MnAGC standard subcontracts. Lunda v. PDM Bridge. Obtained $16+ million judgment for delay, disruption, and material breach on bridge project. Raytheon, Ames, Kraemer v. MnDOT. Procurement: Largest successful bid protest in Minnesota history. Westfield Insurance Company v. Weis Builders, Inc. Insurance: Obtained over $15 million in coverage for diminution in value and cost of repair claim arising out of water intrusion. Stahl Construction v. Fern Hill Development. Delay, Disruption and Acceleration: Obtained $1.5 million judgment for contractor on delay, disruption and acceleration claim on condominium project. Framing Systems, Inc. v. Weis Builders, Inc. Defeated delay, disruption and cancellation claim based on failure of proof and intentionally overstated lien. Differing Site Conditions: Four $1 million+ settlements with MnDOT and counties over differing site conditions and breach of implied warranty claims. M.W. Johnson Construction Company v. Progress Land Development. Damages: Breach of contract judgment recovering lost benefit of bargain and lost profit damages in excess of $4 million. Publications Indemnity Wars: Anti-Indemnity Legislation Across the Fifty States, 8 Journal of ACCL 1, (2014) The Business Risk Doctrine in Minnesota: The Emperor Has No Clothes, 35 Hamline Law Review 43 (2012) Can Vague Regulations be “Narrowly Tailored? An Analysis of the U.S. Department of Transportation’s DBE Regulations, 6 Journal of the ACCL 1 (Winter, 2012) Incomplete Repairs: New Remedies for Disputes in Residential Construction, 68 Bench & Bar of Minnesota 18 (Issue 9, October 2011) A Modest Proposal: Conflicting Judicial Decisions Mandate Coverage, 3 Journal of the ACCL 1 (Winter, 2009) (Winner of National Burton Award for Legal Writing) The 2007 A201 Deskbook (ABA 2008) A Critique of Best Value Contracting in Minnesota, 34 William Mitchell Law Review 25 (2007) The New AIA A201, (ABA 2007) State-by-State Guide to Construction Contracts and Claims: Minnesota (Aspen 2006) 50 State Construction Lien and Bond Law: Minnesota (Wolters Kluwer 2015) A Disconnect of Supply and Demand: A Survey of Construction Mediation Practices, 21 The Construction Lawyer, No. 4, 17 (2001) Minnesota Law for Design Professionals, Lorman Education Services (2000-2001) Fifty State Bond and Lien Law: Minnesota (3rd Ed. Aspen) Best Value in State Construction Contracting, 19 The Construction Lawyer, No. 2, 31 (1999) The 1997 AIA Document A201, A Guideline to New Provisions, 97-12 (Fed. Pub. 1997) Dysfunctional ADR: Tips to Avoid the Pain, 16 The Construction Lawyer, No. 4, 26 (1996) The Forum’s Survey of the Current and Proposed AIA A201 Dispute Resolution Provisions, 16 The Construction Lawyer, No. 3, 3 (1996) Arbitration Theory and Practice: A Survey of AAA Construction Arbitrators, 23 Hofstra Law Review 137 (1994) Construction Claims in Minnesota, Lorman Educational Services (1989-2001) Construction Bonds, Liens and Insurance Under Minnesota Law (The Oxford Group 1990) Selected Papers and Presentations “The Evolving Scope of Additional Insured Coverage,” IRMI Annual Construction Insurance Conference (2013) “Potential Profit or Pitfall: What Contractors Need to Know About Public/Private Partnerships,” National AGC Annual Convention (2012) “Quantum, the Forgotten Element,” ABA Forum on the Construction Industry Fall Convention (2011) “Don’t Be Colorblind to Green Risks,” MSBA Construction Law Symposium (2009) “Legal Issues Regarding BIM,” MnAGC Annual Convention (2007) “Effective Construction Dispute Avoidance and Resolution in Minnesota,” National Business Institute (2004) “A Lawyer’s Viewpoint on Masonry Design and Construction Problems,” University of Minnesota IT Continuing Education (2004, 2009) “Comparing the Legal Implications of Various Project Delivery Systems,” MnAGC Annual Convention (2004) “Arbitration and the Law