Mark is a leading construction lawyer recognized for his skillful advocacy and professionalism in resolving his clients’ most challenging construction related disputes or negotiating their most significant construction contracts. Mark’s deep experience and practice focus in early mediation methods of dispute resolution sets him apart from other lawyers with a traditional litigation-centric focus. Through his effective early mediation advocacy, Mark has successfully resolved many high-stakes, multi-party, and complex construction disputes for his clients before the onset of the most significant litigation expense. Mark employs early case evaluation, quantitative analysis, and strategic planning methods to guide clients through challenging and stressful disputes.
Early Mediation of Complex Disputes: Successfully guided clients through early mediation of multi-million dollar multi-party complex construction disputes often with insurance issues. Typical early mediation matters include:
Contract Drafting and Negotiation: Drafted and negotiated construction contracts, design contracts, design/build contracts, construction management contracts, subcontracts, change orders, and settlement agreements for many construction projects.
Delay, Disruption and Acceleration: Prosecuted and defended numerous claims for additional compensation and time extensions for delay, disruption and acceleration arising out of projects to construct stadiums, commercial facilities, refineries, power generator plants, condominiums, universities, schools and bridges.
Insurance Coverage: Provide policy-holder insurance coverage representation on complex commercial general liablity and professional liability issues, with a focus on securing clients’ defense and indemnity coverage for construction defect claims.
Public Procurement: Advise clients on project delivery methods and procurement methods, including best value, design build, and public private partnership. Litigate bid protests.
Construction Defects: Prosecuted and defended numerous construction defect claims involving failures due to expansive soils, concrete fracture, concrete creep and shrinkage, pipe corrosion, high pressure pipe stress fractures, flood plain hydrology and hydraulics, glazing failures, curtain wall leaks, masonry cracking, foundation settlements and window condensation.
Payment Claims: Prosecuted and defended mechanics lien claims, payment bond claims, trust fund claims, and other forms of payment claims for contractors, subcontractors, suppliers, fabricators, owners and developers.
False Claims: Litigated claims alleging violation of the Minnesota False Claims Act.
Construction Accounting Issues: Prosecuted and defended claims involving construction accounting issues such as questions of the allowability of claimed costs on cost-plus type contracts, breach of fiduciary claims, fraud, lien waiver issues and other construction accounting issues.
Project Counseling and Dispute Mitigation: Frequently counsels construction industry clients during the course of ongoing projects to help manage risks, reach early settlements, and to aid in mitigating disputes.
Construction Related Flooding: Defended numerous claims alleging construction-caused or construction-related flooding.
Co-Author, “How You Can Use Guided Choice to Satisfy Clients Using Both Arbitration and Mediators”, ABA Section of Dispute Resolution, Just Resolutions E-News (May, 2018)
Speaker, “Indemnification Clause Strategies”, National Business Institute (May 14, 2018)
Speaker, “Engineering Law and Ethics”, HalfMoon Education (May 11, 2018)
Speaker, Crucial Issues Affecting Condo Development, 2018 Condo & Townhome Development Summit (Feb. 9, 2018)
Speaker, “Maximum Outcomes & Minimum Hassles: Using Mediation Early and Effectively to Resolve the Complex Construction Dispute,” Minnesota State Bar Association, Construction Section (January 11, 2018)
Speaker, “Ethics: A Panel Discussion,” Minnesota Construction Summit (January 10, 2018)
Speaker, “Construction Contract Changes: Overcoming Difficulties”, National Business Institute (December 6, 2017)
Speaker, “Multihousing Madness: Navigating the Web of Obligations in Minnesota’s Condo Law”, Minnesota Construction Association (Oct. 25, 2017)
Speaker, “Key AIA Contracts Provisions and How to Negotiate Them”, ABC Minnesota/North Dakota (April 6, 2017)
Speaker, “Minnesota Common Interest Ownership Act”, Minnesota Real Estate Journal Condominium & Townhome Development Summit, (February 23, 2017)
Speaker, Indemnification Provisions in Construction Contracts, National Business Institute (December 8, 2016)
Speaker, “Public Private Partnership (P3) in the Minnesota Construction Marketplace – Fad, Folly or the Future?”, Real Estate & Construction Contractors Summit (September 23, 2016)
Speaker, “Project Delivery Methods”, AGC of MN Leadership Blueprint Series (March 10, 2016)
Speaker, “Construction Industry Perspectives on P3 in Minnesota,” MSBA Construction Section (February 10, 2016)
Speaker, “Construction Law Topics You Need to Know!” Goldleaf Surety (January 19, 2016)
Speaker, “Construction Contract Change Orders,” National Business Institute (October 21, 2015)
Speaker, “Construction Law Update: Front-Burner Issues”, MNCPA Construction Conference (September 29, 2015)
Speaker, “Changes, Delays and Defects: Handling Contentious Construction Disputes,” National Business Institute (May 11, 2015)
Speaker, “Get Paid When You’ve Been Delayed,” ABC Minnesota/North Dakota (February 24, 2015)
Speaker, “Design-Build Contracting Under the New AIA Design-Build Contracts,” Minnesota State Bar Association, Construction Section (February 13, 2015)
Speaker, “Responsible Contractor Act,” Associated General Contractors of Minnesota (February 10, 2015)
Speaker, “Responsible Contractor Act: Reality or Rumor?”, Associated General Contractors of Minnesota (January 27, 2015)
Speaker, “Project Delivery Methods, What You Need to Know,” Associated General Contractors of Minnesota (January 12, 2015)
Speaker, “Risk Transfer in the Construction Industry – Perspectives on Indemnity, Contribution, Defense and Insurance,” National Business Institute (November 18, 2014)
Speaker, “Design-Build or Design Bust: Design Builder’s Responsibilities and Opportunities Under the New AIA Design Build Contracts (and a Few Other Things)”, Minnesota Construction Association (September 18, 2014)
Speaker, “AIA Contracts: Know What you are Getting Into,” Bloomington, Minnesota (September 12, 2014)
Speaker, “Construction Management/Design-Build in Minnesota,” Bloomington, Minnesota (June 10, 2014)
Speaker, “Limitations on Limitations of Liability,” Minnesota Construction Association (December 18, 2013)
Speaker, “Get Paid When You’ve Been Delayed,” Associated Builders and Contractors, Inc. MN/ND (October 23, 2013)
Speaker, “AIA Contracts: Overview of AIA Contracts; Owner/Contractor Agreements; Proving and Pricing Delay Claims,” Bloomington, Minnesota (September 13, 2013)
Speaker, “DBE Programs and Requirements for Publicly Funded Projects: What You Need to Know to Get and Keep Jobs,” Minnesota Construction Association (August 21, 2013)
Speaker, “Prosecuting and Defending Construction Related Delays, Acceleration and Disruption Claims,” Society of American Military Engineers, Minneapolis-St. Paul Post (April 24, 2013)
Speaker, “Healthcare Facility Construction Defect Litigation, Lessons Learned,” Twin Cities Health Care Engineers Association (October 17, 2012)
Speaker, “What Have We Learned From the I-35W Tragedy,” American Bar Association Construction Forum (February 3, 2012)
Speaker, “Recent Developments in Minnesota Best Value Procurement,” Minnesota Construction Association (August 17, 2011)
Speaker, “Prompt Pay for the Residential Construction Industry in Minnesota,” Builders Association of Minnesota (December 9, 2009)
“Actively Manage Your Delay Claims,” Construction Bulletin (February 16, 2009)
Co-author, “A Critique of Best Value Contracting in Minnesota,” 34 William Mitchell Law Review 25 (2007)
Speaker, “Do’s and Don’ts of Construction Contracts,” Minnesota Construction Expo (November 1, 2007)
Speaker, “Tricks, Traps and Ploys Used in Construction Scheduling,” St. Paul, Minnesota (October 31, 2007)
“Knowledge Is Power: Freedom of Information Act Requests can Help Contractors get Valuable Information,” Insulation Outlook, October 2007, at 30, 32
Speaker, “Engineering and Construction Law,” North Dakota ACEC (April 11, 2007)
Speaker, “Construction Delay Claims,” Itasca, Illinois (July 13, 2006)
Speaker, “Comprehensive Construction Law,” Oak Brook, Illinois (May 4, 2006)
Speaker, “Construction Delay Claims,” Itasca, Illinois (January 26, 2006)
Co-author, “Responsible Use of Computer Technology by Engineers,” American Society of Civil Engineers Journal of Professional Issues in Engineering Education and Practice (April 2004)
“Basic Copyright for Engineers,” Structure, December 2001/January 2002, at 40-41, reprinted in, Midwest Engineer (November/December 2003, at 10)
Co-author, “Judicial Scrutiny of Expert Testimony by Engineers,” Construction Lawyer (July 2000, at 37)
“Streamlining the Federal Trademark Dilution Act to Apply to Truly Famous Marks,” 85 Iowa Law Review 1387 (May 2000)
Member, American Bar Association, Forum on the Construction Industry
Minnesota Bar Association, Construction Law Section
Associated General Contractors of Minnesota, Best Value and Legislative Committees, Co-Chair of P3 Committee
Minnesota Construction Association
Minnesota Super Lawyers “Rising Star” (2011, 2012, 2014)
Honored as one of five finalists in the nationwide Ross Student Writing Contest, co-sponsored by the ABA Journal Board of Editors and the Section of Legal Education and Admissions to the Bar