Representative Matters

Construction Litigation. Represented general contractors, subcontractors, suppliers, owners (public and private), developers, architects, and engineers in a wide variety of disputes involving claims for construction defects, delays, loss of productivity, payment, and breach of warranty in state and federal court, private arbitration, and administrative hearings.  Represented clients in disputes spanning multiple industries from renewable energy and transportation to commercial and multi-family residential construction.

Transportation. Represented road and underground utility general contractors in disputes with public owners and developers, including prosecuting claims for differing site conditions and disputed change orders and defending termination claims, backcharges, offsets, and deductive change order claims by public owners.

Insurance Coverage.  Represented contractors and other policy-holders as coverage counsel in a variety of insurance coverage disputes.

• Westfield Insurance Company v. Miller Architects & Builders, Civ. No. 17-400 (D. Minn. 2018).  Obtained summary judgment against insurer in coverage dispute related to construction defect arbitration; obtained award of attorney’s fees and costs for insured.
• Westfield Insurance Company v. Miller Architects & Builders., 949 F.3d 403 (8th Cir. 2020).  Successfully defended summary judgment and attorney’s fee award on appeal against insurer’s challenge.

Project Counseling and Dispute Mitigation. Regularly counsel construction industry clients while construction contracts are being performed to help manage risks and try to avoid disputes.

Contract Drafting and Negotiations. Drafted and negotiated construction contracts, change orders, and other documents for contractors, subcontractors, and owners on projects ranging in size from the new U.S. Bank Stadium to single-family home construction.

Appellate Work. Represented contractors, material suppliers, individuals, and companies across many varied industries on appeal from adverse decisions in lower courts, defending favorable decisions, or replacing trial counsel.  Argued cases before the Minnesota Court of Appeals, the Minnesota Supreme Court, and the Eighth Circuit.

Minority Shareholder Litigation. Represented controlling shareholders, minority shareholders, and in closely-held corporations in shareholder disputes in a variety of industries.

General Business Litigation. Represented individuals and businesses in litigation, arbitration, and mediation, and on appeal, in state and federal court, and in private arbitrations, on a broad range of issues, including complex commercial disputes, securities related disputes, real estate disputes, products liability, personal injury (plaintiff and defense), medical malpractice defense, legal malpractice defense, insurance coverage, land use/nuisance, and employment.

• Sather v. King, Hennepin Co. Dist. Ct. File No. 27-CV-06-11227, Appellate No. A07-124 (Minn. Ct. App., Jan. 22, 2008) (unpublished). Obtained summary judgment for attorney dismissing malpractice claim related to construction litigation, successfully defended the summary judgment on appeal.

Mechanic’s Lien Foreclosure. Foreclosed dozens of mechanic’s liens on commercial and residential projects in Minnesota and Wisconsin on behalf of contractors, subcontractors, and material suppliers. Also defended owners and general contractors against mechanic’s lien foreclosure claims.  

• Eischen Cabinet v. Dan Happe Construction et al., A08-1016 (Minn. Ct. App. May 19, 2009) (unpublished). Represented material supplier. Affirm judgment in favor of mechanic’s lien claimants and against lender regarding priority of various claims.
• Eischen Cabinet Co. v. Happe, Isanti Co. Dist. Ct. File No. 30-CV-07593, Appellate No. A08-1016 (Minn. Ct. App., May 19, 2009 (unpublished). Successfully defended default judgment on appeal against mortgagee’s challenge.

OSHA Defense Work. Defended general contractors and subcontractors in Minnesota OSHA cases, including multiple fatality cases, serious injury cases, and non-injury cases.

• Commissioner v. Michels Pipeline, Dockets 8389 and 8640 (2009). Obtained dismissal of citations issued by MnOSHA following administrative contested case hearing based on employee misconduct defense.

Alternative Dispute Resolution. Mediated (as counsel for parties) scores of construction and non-construction cases and engaged in binding arbitration.

Speeches

Moderator, “Construction Industry Workforce and Targeted Business Goals-Panel Discussion,” Minnesota State Bar Association (Minneapolis, Minnesota, February 14, 2014)

Speaker, “Project Labor Agreements,” Constructing Success 2013 (St. Paul, Minnesota, March 7, 2013)

Speaker, “Contract Law in Minnesota,” Construction Financial Management Association and American Subcontractors Association (Minneapolis, Minnesota, February 23, 2012)

Speaker, “Construction Contracts and Inherent Risks,” National Business Institute (Bloomington, Minnesota, February 24, 2010)

Professional Organizations and Achievements

Council Member, Minnesota State Bar Association, Construction Law Section

Member, Hennepin County Bar Association

Member, American Bar Association

Band 3 rating in Construction by Chambers USA

Minnesota “Super Lawyer” (2013-2021)

Minnesota Super Lawyers “Rising Star” (2009 and 2012)

Judicial Clerkship

Law Clerk, Justice Paul H. Anderson, Minnesota Supreme Court, 2001-2002

Education

• J.D., University of Minnesota Law School, magna cum laude, 2001
• B.A., University of Minnesota, College of Liberal Arts, 1998

Admissions

• United States Court of Appeals, Eighth Circuit, 2004
• United States District Court, Minnesota, 2001
• United States District Court, Western District of Wisconsin, 2004
• State of Minnesota, 2001