Tom represents clients in negotiations, investigations, litigation, arbitration, mediation and administrative proceedings in numerous states, including Minnesota, Iowa, Wisconsin, North Dakota, South Dakota, Colorado, Nebraska, New Mexico, Nevada, California, Oregon, Hawaii, New York, New Jersey and Pennsylvania. Representative engagements include:
Sayer and Phillippi v. MnDOT and Flatiron-Manson, 790 N. W.2d 151 (Minn. 2010). Upholding dismissal of lawsuit protesting award of I-35 replacement bridge contract.
Ohio Savings Bank v. Duncanson and Progressive Ins. Co., 521 F.3d 960 (8th Cir. 2008). Summary judgment for fidelity carrier on Insuring Agreement (E), Fraudulent Mortgage Rider and misrepresentation claims.
Liberty Mutual Ins. Co. v. Mandaree Public School District No. 36, 503 F.3d 709 (8th Cir. 2007). Defeated motion to compel surety to arbitrate unique surety defenses in pending arbitration between obligee and principal.
Winthrop and Weinstine, P.A. v. Travelers Cas. and Surety Co., 187 F.3d 871 (8th Cir. 1999). Summary judgment for fidelity carrier based upon late notice
Johnson Bros. Liquor Co. v. The Home Indemnity Co., Minn. Ct. App. C6-1099, C6-1100, C6-1101 (Unpublished, 1996) Summary judgment for fidelity carrier based upon illegality of alleged underlying contract.
D.H. Blattner & Sons, Inc. v. Firemen’s Ins. Co., 525 N.W.2d 671 (Minn. Ct. App. 1995). Reversal of jury verdict and entry of judgment as a matter of law in surety’s favor.
Subsurfco, Inc. v. Osceola Rural Water System, 914 F.2d 1072 (8th Cir. 1990). Confirmation of arbitration award in surety’s favor.
Carl Bolander & Sons, Inc. v. City of Minneapolis, 451 N.W.2d 204 (Minn. 1990). Affirmation of bid protest for a substantial public demolition contract.
Speaker, “Liquidated Damages Recovery Issues,” Construction Law Seminar, Minneapolis
Speaker, “The Performance Bond Zone: The Surety’s Rights and Obligations Related to a Performance Bond Claim,” (co-presenter) ABA Tort, Trial & Insurance Practice—Fidelity & Surety Law Committee
Speaker, “Deepening” Insolvency Claims: Can You Become More Bankrupt? Can You (or Someone Else) Sue if You Do?,” Fidelity Law Association Annual Meeting
Speaker, “Deciding to Litigate: The Surety’s Management of the Complex Surety Case and the Ethical Considerations,” ABA/FSLC Complex Surety Program
Speaker, “Fidelity Bond Coverage for Losses Involving Intangible Property,” Surety Claims Institute, Annual Meeting and Seminar
Speaker, “Residential Construction Panel,” CFMA Day
Speaker, “Using Contract Forms To Control Risk in Multi-Unit Residential and Design-Build Projects,” AIA Minnesota Annual Convention
Speaker, “Life Isn’t Always Fair: A Review of Bidding Rights and Responsibilities for Subcontractors and Suppliers,” Minnesota Construction Association
Contributing Author, “The Contract Surety’s Subrogation Rights,” ABA/FSLC
Contributing Author, “The Annotated Financial Institution Bond,” Third Edition, ABA/FSLC
Contributing Author, “The Law of Performance Bonds,” Second Edition, ABA/FSLC
Contributing Author “Payment Bond Manual,” Third Edition, ABA/FSLC
Contributing Author, “Managing and Litigating the Complex Surety Case,” Second Edition, ABA/FSLC
Author, “’Deepening’ Insolvency Claims: Can You Become More Bankrupt? Can You (or Someone Else) Sue if You Do?,” Fidelity Law Journal
Author, “The Surety’s Response to Claim Notices, Warning: What You Say (or Don’t Say, or Someone Else Says) May Be Used Against You,” Fidelity & Surety Law Committee Newsletter
Author, “Removing A Non-Diverse Bond Case To Federal Court,” Fidelity & Surety Law Committee Newsletter
Author, “ERISA Bond Claims Over Employer Stock Losses: The Landscape in a Post-Enron World,” Fidelity Law Journal
Author, “Recovery for Extra Work and Delay Damages,” Minnesota Construction Lien and Bond Law
Author, “The Surety’s Liability for Damages: Breach of Contract, Bad Faith and Punitive Damages,” Minnesota Institute of Legal Education
Member, Minnesota State Bar Association and Construction Law Section
Member, Hennepin County Bar Association
Member, American Bar Association and Forum on the Construction Industry, Tort and Insurance Practice Section, and Fidelity & Surety Law Committee:
Minnesota “Super Lawyer”
AV (highest) rated by Martindale-Hubble Law Directory
Mr. Vollbrecht has also been admitted pro hac vice numerous times for purposes of state and federal proceedings throughout the United States.