Practice Areas Matt is a litigator, and has obtained successful verdicts or awards in a variety of commercial and business disputes. Although Matt’s clients include leading local, national, and international construction firms, his litigation experience goes well beyond construction law. Matt has successfully defended against the enforcement of non-compete agreements, obtained a multi-million dollar recovery from a European manufacturing conglomerate, and a defense jury verdict on a claim for breach of a broker’s contract. His construction law experience includes construction claims and contract review, representing owners, architects, contractors, subcontractors, engineers and suppliers. Matt also provides legal advice to lenders, developers, commercial landlords, tenants and other business entities. ■ Construction ■ Commercial Litigation ■ Property and Liability Insurance Claims ■ Surety Claims and Workouts ■ Public Bidding and Procurement ■ Architectural and Engineering Liability ■ Mediation and Alternative Dispute Resolution ■ Real Estate Litigation ■ Insurance Coverage Representative Cases Pre-suit negotiated settlement of a $9 million forced acceleration claim on a multi-faceted project involving light-rail, post-tension parking structure, and commercial building; and secured insurance coverage for $3 million of subcontractor claims Successfully arbitrated $2 million of claims involving fraud claims, partnership fiduciary claims, and construction defect claims arising out of construction of a hotel in the Bakken oil patch Represented general contractor at trial and secured an $850,000 mechanic’s lien against property in downtown Minneapolis Successfully represented 300 million gallon a year ethanol plant in multi-million dollar design and construction management dispute on appeal before North Dakota Supreme Court, winning vacation of judgment below. Tharaldson Ethanol Plant I, LLC v. VEI Global, Inc., 845 N.W.2d 900 (N.D. 2014) Represented construction contractor on appeal before United States Court of Appeals for the Eight Circuit, winning reversal of jury award and vacation of judgment below. Graham Construction Services, Inc. v. Hammer & Steel, Inc., 2014 WL 2619717 (8th Cir. June 13, 2014) Represented general contractor in breach of warranty claim on appeal before the Ninth Circuit. Martin Const., Inc. v. Roscoe Steel & Culvert Co., 542 F. App’x 695, 696 (9th Cir. 2013) Represented condominium developer in arbitration and recovered $1 million in repair costs for defective construction Secured and collected $13.0 million arbitration award against foreign engineering and manufacturing conglomerate Tried foreclosure of five subcontractors’ mechanic’s liens totaling $2.03 million and successfully affirmed judgment on appeal. Minnwest Bank, M.V. v. All, Inc., et al., 2011 WL 781178 (Minn. Ct. App. 2011) Breach of contract litigation resulting in a judgment recovering lost benefit of bargain and lost profit damages in excess of $4 million Successfully foreclosed a $1.3 million mechanic’s lien on behalf of general contractor, including the recovery of all attorneys’ fees, costs and disbursements Obtained a zero defense jury verdict involving alleged breach of a broker’s contract with claimed damages in excess of $750,000 Represented contractors in disputes with cities, counties, state agencies, and the federal government regarding payment, differing site conditions, delay claims, disruption claims, and other claims for payment Represented numerous owners, contractors, subcontractors, and suppliers in drafting and negotiating contracts for various types of project delivery systems, including: ■ Construction contracts ■ Subcontracts ■ Design-build agreements ■ Construction disbursement agreements ■ Indemnity agreements ■ Joint venture agreements ■ Termination agreements ■ Assignment agreements ■ Arbitration agreements ■ Settlement agreements Represented contractors and owners related to mechanic’s lien claims and other claims for payment Represented contractors and owners related to claims of defective work Represented contractors in claims against subcontractors, and subcontractors in claims against contractors Represented contractors and owners in claims seeking coverage under general liability builder’s risk, errors and omissions insurance policies Represented contractors in connection with bid protest claims Represented designers and owners related to claims of defective design Speeches Speaker, “AIA Contracts: Overview of AIA Contracts; Owner/Contractor Agreements; Proving and Pricing Delay Claims,” Bloomington, Minnesota (September 13, 2013) Speaker, “Bonds, Liens, Insurance, and Indemnity,” Concentrated Course in Construction Law, Federal Publications, Las Vegas, Nevada (May 14, 2012) Speaker, “LEED’s Short and Long Term Liability,” Minnesota Mechanical Contractors Association, Roseville, Minnesota (March 16, 2011) Professional Organizations and Achievements Member, Minnesota State Bar Association ■ Former Chair, Construction Law Section ■ Former Treasurer, Construction Law Section ■ Former Secretary, Construction Law Section ■ Member of Governing Council, Construction Law Section Member, Hennepin County Bar Association Member, American Bar Association ■ Forum Committee on the Construction Industry ■ Section of Litigation Minnesota Super Lawyers “Rising Star” (2007, 2008, 2009, 2010, 2011, 2012) Judicial Clerkship Law Clerk, Hon. Marian Blank Horn, United States Court of Federal Claims, 2001-2003 Education ■ J.D., American University, Washington College of Law, 2001 ■ B.A., Hamline University, cum laude, 1998 Admissions ■ State of Minnesota ■ State of North Dakota ■ United States District Court, Minnesota ■ United States Court of Federal Claims ■ United States District Court, North Dakota ■ Eighth Circuit Court of Appeals ■ Ninth Circuit Court of Appeals