Mission Critical Facilities
- Currently representing EPC contractor in arbitration against owner regarding a 700 – megawatt (net) supercritical coal fired electric generation plant.
- In re: Arbitration Between Knutson, Harris/HiMec Hunt, LLC and Olmsted County. Represented the project owner in a multi-week arbitration proceeding arising out of the design and construction and expansion of a waste-to-energy plant. As part of its award, the arbitration panel awarded the owner more than 100 days of delays and liquidated damages against the construction manager at risk and denied the construction manager at risk’s fraud claims.
- Envirotech, Inc. v. Brandenburg Construction and NSP, et al. Represented the utility owner in a dispute arising out of the demolition of a coal-fired power plant. Settled the multimillion dollar case for a small fraction of the plaintiff's demand.
- In re Mission Critical Data Center I. Served as lead trial counsel for national design-builder in a jury trial arising out of the design, construction and expansion of a Tier III data center for a Fortune 50 company. Through a combination of settlement proceeds, the jury's apportionment of fault among the parties and the design-builder's own coverage, the design-builder was made whole.
- In re Mission Critical Data Center II. Currently representing owner in dispute with contractor regarding construction defect in a Tier III data center.
- In re 35W Bridge Litigation. Served as lead counsel for global engineering company in 120 lawsuits arising from the collapse of a major interstate bridge. Successfully negotiated resolution of claims that had a potential exposure of $1billion in damages for a fraction of the plaintiffs’ pre-suit demands.
- Vlahos v. R&T Constr. of Bloomington, Inc. (Minn. Ct. App.), reversed on other grounds (Minn). Represented subcontractor in a construction defect case. The Court of Appeals held that Minnesota's two- year limitations period begins to run when real property owners have or should have had knowledge of injury to their property, and the sale of realty does not revive for subsequent purchasers an already time- barred claim.
- Twinco Romax Automotive Warehouse, Inc. v. Olson (Minn. Ct. App.). Represented material manufacturer in a construction defect case. The Minnesota Court of Appeals held that Minnesota's two-year limitations' period for construction materials barred the owner's claims.
Jeurissen v. NDI LLC (Minn. Ct. App.). Represented national developers in construction and real estate dispute. Successfully defended clients' interpretation of purchase agreement.
Stiglich Construction, Inc. v. Larson (Minn. Ct. App.). Represented general contractor in a payment dispute. The Minnesota Court of Appeals interpreted for the first time how arbitration affects mechanics' lien rights
Westfield Insurance Company v. Weis Builders, Inc. (D. Minn.). Represented general contractor in a large construction defect case involving water intrusion. Obtained over $15 million in insurance coverage for diminution in property value and repair costs.
Frerichs Constr. Co. v. Minnesota Counties Insurance Trust (Minn. Ct. App.). Represented contractor in a construction scheduling and contaminated soils case. The Minnesota Court of Appeals held that the owner was responsible for all project delays and clean-up costs caused by discovery of asbestos-containing soils at the project site.
Real Estate and Government Contracting
Hersh Properties, LLC v. McDonald's Corp. (Minn.). Represented owner in a real estate dispute involving easement and right-of-way rights. The Minnesota Supreme Court, interpreting the Marketable Title Act, held the owner's easement and right-of-way rights were enforceable.
Lovering Johnson, Inc. v. City of Prior Lake (Minn. Ct. App.). Represented disappointed bidder in a public procurement award protest. The Minnesota Court of Appeals held that the public authority violated public procurement laws and illegally awarded the contract to a non-responsive bidder.