I’m a recovering engineer and project manager. Now I’m a lawyer, but it’s not as different as you’d think. Both are problem-solving professions.
My engineering and project management background gives me an unusual perspective among construction lawyers. I’ve been on the other side of the table and had to deliver projects on budget, on schedule, and within specifications. I’ve experienced many of the difficulties that my clients face in the real world.
I practice in construction, commercial, and public procurement litigation. In general terms, my job is to advocate for and advise my clients in all phases of a dispute, from pre-litigation claim and risk analysis through resolution of the case at trial, arbitration, mediation, or appeal. I also advise my clients on how to avoid litigation. This can involve drafting and reviewing contracts and negotiating agreements and settlements. I am admitted to the state and federal courts of Minnesota and North Dakota.
Represented the Taxpayers League of Minnesota in its lawsuit seeking to enjoin the City of St.Paul from awarding the design-build contract for the new St. Paul Saints stadium without engaging in competitive bidding. See Taxpayers League of Minnesota v. City of St. Paul, 62-CV-12-7982. The City reversed its position and engaged in competitive bidding after I filed a Temporary Restraining Order motion.
Represented the disappointed bidder on an $8 million public construction contract in an administrative protest, district court lawsuit, and appeal. See Rochon Corp. v. City of St. Paul, 814 N.W.2d 365 (Minn. Ct. App. 2012).
Represented the taxpayers challenging the Minnesota Dept. of Transportation’s implementation of the MnDOT best value design-build statute on the 35W replacement bridge procurement. See Sayer v. Minn. Dept. of Transportation, 790 N.W.2d 151 (Minn. 2010).
Represented the owner of a North Dakota ethanol plant in a dispute with the plant’s design-builder.
Represented a Nebraska steel erection company in an arbitration against a Japanese design-builder in a dispute arising from an Iowa coal-fired power plant construction project.
Represented the general contractor who built the Microsoft campus in Fargo in a dispute with a subcontractor. This case involved litigation in the federal district court, see Fergus Drywall, Inc. v. J.E. Dunn Construction Co., 3:11-CV-11, and an arbitration in North Dakota.
Represented the owners of a car dealership in an arbitration and a separate mechanic’s lien foreclosure lawsuit with the project’s design-builder.
Represented a national lumber yard company in over a dozen breach of contract and mechanic’s lien lawsuits. All cases were either settled or prosecuted to judgment.
Represented a North Dakota earthmoving contractor in two contract and payment disputes with the North Dakota Department of Transportation. One case was arbitrated, resulting in a seven figure award for my client, and the other case reached settlement through mediation.
Represented a real estate developer in a commercial lease dispute with a tenant.
Represented a general contractor in a baseball arbitration and subsequent Prompt Payment Act lawsuit against the Minnesota Department of Transportation.
Represented contractors in bid protests in various jurisdictions including Arizona, North Dakota, South Dakota, and Minnesota.
“The I-35 Bridge Construction Project: A Case Study in Minnesota Bid Protests,” Minnesota Continuing Legal Education (2011 and 2012)
Co-author, “Mechanic’s Liens,” Minnesota CLE Debtor/Creditor Handbook (2010 Update)
Co-author, “Arbitrating Mechanic’s Lien Claims,” Minnesota State Bar Association Continuing Legal Education (2009)
Co-author, “A Critique of Best Value Contracting in Minnesota”, 34 William Mitchell Law Review 25 (2007)
Member, Minnesota State Bar Association, Construction Law Section Governing Council
Minnesota Super Lawyers “Rising Star” (2010, 2015, 2016)
BAE Systems, Project Engineer (2000-2007)
Lockheed Martin, Project Engineer (1992-2000)