Eric is a commercial litigator who specializes in the area of construction and real estate litigation. He has been litigating complex commercial matters for over 20 years. Eric has litigated matters arising in a wide range of practice areas including construction defect, construction delay, real estate, insurance and other commercial litigation. He has represented clients in arbitration and federal and state courts both at the trial and appellate level.
- Represented a global EPC contractor in state court, federal court, bankruptcy and arbitration proceedings concerning a 700 mw supercritical coal fired electric generation plant with claims totaling approximately $1 billion resulting in a $74 million award in the client's favor.
- In Re 35W Bridge Collapse: Represented a major engineering firm in over 120 lawsuits arising from the 35W Bridge collapse. Settled all lawsuits for a fraction of the plaintiffs’ pre-suit demand after successful motion practice.
- Represented Enclos Corporation, a major curtain wall contractor, in construction litigation on various projects, including the Bronx Criminal Courthouse litigation in SDNY in which the owner relinquished its $120 million dollar claim and agreed to a positive settlement for Enclos.
- Enclos Corporation v. Dormitory Authority of the State of New York: Represented contractor in delay claims arising out of the remodeling of the John Jay College of Law. Received significant settlement after defeating owner’s motion to dismiss based on contract’s no-damage-for-delay clause.
- Represented municipality in construction litigation over design and construction defect claims related to construction of wastewater treatment facility.
- Represented owner in delay and defect litigation concerning senior housing facilities.
- Represented owner in construction defect, delay and design claims arising out of the construction and renovation of an historic hotel.
- LTF Construction Co, LLC, et al. v. Cento Solutions Inc.: Represented owner in delay and defect claims arising out of the construction of an athletic club and fitness center.
- Represented owner in claims arising from the failure of a retaining wall.
- Represented University in claims related to negligent design of sports complex expansion.
- Represented owner in negligence action related to a pipeline strike during pre-construction activities.
- Environmental Interiors Inc. v. Aragon Construction Inc.: Represented contractor in defect claims arising out of the LAX Tom Bradley International Terminal. Reached settlement after successful summary judgment.
- Represented a general contractor in a large construction delay and HVAC defect case resulting in a twelve week arbitration. See Kraus Anderson Construction Company v. Brighton Development Corporation, et al.
- Miccosukee Tribe of Indians of Fla. v. Kraus-Anderson Constr. Co. Represented general contractor in construction defect litigation. Proceedings were held in Tribal Court, Federal District Court, the 11th Circuit Court of Appeals, the United States Supreme Court and multiple state courts.
- Represented a supplier in claims arising from an 850 mw natural gas power generation plant in Brazil.
- Represented the manufacturer and supplier of large heat recovery steam generators in a $50 million dispute concerning defective pressure welding and fit for service issues.
Real Estate Litigation
- Representation of commercial landlords and tenants in over 100 eviction and commercial leasing disputes venued throughout the United States.
- Representation of homeowners in property boundary disputes including adverse possession, boundary by implication, and proceedings subsequent hearings.
- Representation of both residential and commercial landowners in easement disputes.
- Representation of landowners in dozens of property tax appeals.
- In re Petition of George Lovrien: Obtained complete defense verdict in a complex property and boundary line dispute involving properties located on Lake Minnetonka.
- Ryan Johnson, et al. v. Southern Minnesota Municipal Power Agency, et al.: Representation of Power Agency in personal injury action arising out of a construction project accident.
- Representation of judgment holders in the recognition and collection of foreign judgments.
- Pals v. Tony Weekly, Jr. et al. Representation of the estate of five family members in wrongful death action arising out of a collision in a construction zone.
- Southern Minnesota Beet Sugar Cooperative v. American Guarantee Liability and Insurance Co. Obtained a jury verdict in excess of $21 million arising from an industrial accident and insurance claim litigation.
- Fifth Third Bank v. Synergy Graphics Property, LLC, et al. Represented Fifth Third Bank in foreclosure proceedings. Litigation involved multiple temporary restraining orders and litigation at both the state and federal courts.
Pro Bono Litigation
- American Civil Liberties Union and The American Civil Liberties Union Foundation v. U.S. Department of Justice, U.S. Department of Defense, and Central Intelligence Agency. Represented the ACLU in its lawsuit to enforce its Freedom of Information Act lawsuit seeking information about the United States governments targeted killing of United States citizens.
- NAACP v. Thomasville School District. Represented a class of students concerning allegations that the school district had been racially segregating students into separate schools and classrooms and providing them unequal education ever since Brown v. Board of Education.
News & Resources
News & Press Mentions
Events & Speaking Engagements
- CLE moderator: “Urban Redevelopment,” Minnesota State Bar Association, June 2014
- CLE Speaker: “Commercial and Residential Landlord Tenant Law,” Sterling Education Services, December 2013
- CLE Speaker: "Legal Issues in Construction and Engineering," Dorsey & Whitney, February 2011
- CLE Speaker and Author: "Construction Defect Litigation: From A to Z," National Business Institute, February 2011
- CLE: Speaker: "Engineering Ethics and the Law," Dorsey & Whitney, August 2009
- CLE: Speaker and author of "Making Construction Laws Simple," National Business Institute, February 2008
- CLE: Speaker and author of "Title Insurance Case Update," Minnesota State Bar Association, March 2006
- CLE: Speaker and author of "Key Construction Contract Provisions," Minnesota State Bar Association, March 2006
Industries & Practices
- Banking & Financial Institutions
- Commercial Litigation
- Construction & Design
- Construction Litigation
- Development & Infrastructure
- Electric Power
- Electronic Discovery
- Energy & Natural Resources
- Food, Beverage & Agribusiness
- Government Contracts Counseling & Litigation
- Healthcare & Life Sciences
- Indian & Alaska Native
- Legal Project Management
- Oil & Gas
- Public-Private Partnerships
- Real Estate & Land Use
- Real Estate Litigation
- Named one of “America’s Leading Business Lawyers” by Chambers USA (Construction), 2015-2021
- Listed in Best Lawyers in America©, 2016-2022
- Fellow, Construction Lawyers Society of America
- Named "Up and Coming" by Chambers USA (Construction), 2013-2014
- Listed in Minnesota Super Lawyers, 2016-2021
- Listed as a "Rising Star" by Minnesota Super Lawyers, 2009-2012, 2014-2015
- Recognized by The National Law Journal as one of the “Twin Cities Counsel to Counsel,” 2015
- Rated AV Preeminent® by Martindale-Hubbell®
- Contributed more than 100 Challenge pro bono hours, 2021
- MSBA North Star Lawyer, 2012-2019