CHAIRPERSON OF DORSEY’S CONSTRUCTION AND DESIGN PRACTICE GROUP AND CO-CHAIR OF THE FIRM'S DEVELOPMENT AND INFRASTRUCTURE INDUSTRY GROUP, JOCELYN HELPS CLIENTS IN THE CONSTRUCTION, ENERGY, P3, TRANSPORTATION, INSURANCE, MANUFACTURING AND REAL ESTATE SPACES ACHIEVE THEIR BUSINESS GOALS AND RESOLVE HIGH STAKES CLAIMS THROUGH EXPERIENCED AND PRAGMATIC REPRESENTATION.
Jocelyn also regularly advises clients with respect to contract negotiations, procurement, and dispute avoidance.
Jocelyn has an international practice, recently securing a $74 million arbitration award in favor of her global EPC client. Currently, Jocelyn is advising a public owner on claims arising out of a multi-billion dollar P3 rail project. She has earned a Band One ranking in Chambers USA; is a fellow in the American College of Construction Lawyers; is a recipient of the prestigious Clients Choice Awards; won the 2014 Burton Awards for Distinguished Legal Writing with her article "Force Majeure and Climate Change: What is the New Normal?"; was recognized as a 2015 "Attorney of the Year" by Minnesota Lawyer; has been a perennial presence in Minnesota Super Lawyers since 2003; and ranked among the top 50 women lawyers in Minnesota. She is the author of the Minnesota and South Dakota chapters of a multi-volume construction and design law treatise titled: A State-by-State Analysis of Current Legal Issues Affecting Architects, Engineers, Contractors, and Owners (From a Contracting and Claims Perspective), and co-author of the Public Private Partnership chapter in a treatise titled: Construction Projects: An Attorney’s Handbook.
Construction and Design Defects
- 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.
- 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. The design-builder was made whole through a combination of settlement proceeds, the jury's apportionment of fault among the parties and the design-builder's own coverage.
- In re Mission Critical Data Center II. Represented owner in dispute with contractor regarding construction defect in a Tier III data center. The case settled on terms favorable to the owner.
- Jeurissen v. NDI LLC (Minn. Ct. App.). Represented national developers in construction and real estate dispute. Successfully defended clients' interpretation of purchase agreement.
- 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.
- 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.
- In re: Longview Power LLC: Represented global EPC contractor in arbitration proceedings, state court, federal court and bankruptcy proceedings concerning design, delay, defect, insurance and payment claims totaling approximately $1 billion arising out of the construction of a 700-megawatt (net) power plant. Obtained favorable settlements with the project owner and others, and prosecuted and defended claims against the boiler OEM during a six-week arbitration hearing, resulting in a $74 million award in the client's favor and a complete denial of the boiler OEM's sizable counterclaim. Resolved the largest mechanics' lien claim in West Virginia history.
- Advised general contractor during design and construction of a LNG plant, including resolving claims between the owner and general contractor; represented general contractor during post-completion claims caused by subcontractor's delay in completing its work, and subcontractor’s claim of entitlement to additional time and money due to a purported Change-in-Law. Case resolved favorably.
- 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.
Public Private Partnership (P3), Transportation and Government Contracting
- Currently advising a large public authority in the Western United States on a $2 billion P3 rail project.
- Currently advising a public authority in the North Central United States on a P3 multi-use project.
- Currently advising a state university system in the Pacific Northwest in connection with its construction and design contracts and projects.
- Assisted the Metropolitan Council with the development of its procurement documents and vendor contracts in connection with light and heavy rail projects, specifically, the Hiawatha and Northstar rail projects.
- 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.
- Kvaerner North America Construction Inc. Secured defense and indemnity payments of more than $30 million for global EPC contractor.
- 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.
- In re Electronic Manufacturing Services (EMS) I. Serving as lead arbitration counsel for international contract manufacturer in a "bet the company" dispute arising out of a terminated supply contract.
- In re EMS II. Serving as lead arbitration counsel for international contract manufacturer in a multi-million dollar dispute arising out of alleged design and manufacturing defects.
- Currently representing a large Minnesota based developer in connection with its construction and design contracts.
- 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.
- Regularly advise Fortune 500 clients in connection with claims arising out of their construction and design contracts and real estate leases.
Summary of Representative Work
- Construction Defect and Design. Handled hundreds of construction defect and design claims, including collapse, failure, water intrusion, mold and product liability claims on projects ranging from $1 million to $2 billion. Lead Counsel for a global engineering firm that was named in 120 lawsuits arising out of the 35W bridge collapse in Minneapolis.
- Construction and Design Contract Claims. Handled more than 100 delay, disruption, acceleration, differing site conditions, work scope, breach of warranty, payment, mechanics' liens, and surety claim on projects ranging from $5 million to $2 billion.
- Energy. Counseled energy clients on a broad range of issues, including contract negotiation, design/build procurement, dispute avoidance, and dispute resolution. Successfully prosecuted and defended against claims exceeding $1 billion arising out of the construction and design of a $2 billion 700-megawatt super-critical coal fired power plant in West Virginia. Successfully defended in arbitration multimillion dollar fraud claims against owner arising out of expansion of $100 million waste-to-energy facility.
- Public Private Partnerships (P3). Currently representing public authorities in construction-related disputes arising out of P3 transportation and mixed use projects.
- Transportation. Currently representing public authority in a $2 billion rail project. Successfully resolved multimillion claims against MnDOT arising out of bridge and highway construction projects. Represented parties in various disputes arising out of the Hiawatha Light Rail project. Successfully represented contractors in disputes arising out of federal contracts with the Army Corps of Engineers.
- Insurance. Obtained over $250 million in coverage for construction and design defects, loss of use, and diminution in property value arising out of collapse, water intrusion, mold, fire, improper construction and design and hazardous perils.
- Procurement and Bid Protests. Drafted RFPs for over $1 billion of public procurement contracts, including the NorthStar Commuter Rail and the Central Corridor Light Rail Transit projects. Represented clients in more than 30 bid protests.
- Manufacturing. Currently representing international EMS contract manufacturer in claims arising out of design and manufacture of components and assemblies for OEMs.
- Contract Negotiation. Negotiated over $100 billion of design and construction contracts.
- Environment. Obtained complete defense verdict for highway contractor on contaminated soils, MERLA (CERCLA) claims.
News & Resources
News & Press Mentions
Events & Speaking Engagements
Industries & Practices
- Commercial Litigation
- Construction & Design
- Construction Litigation
- Development & Infrastructure
- Electric Power
- Energy & Natural Resources
- Food, Beverage & Agribusiness
- Government Contracts Counseling & Litigation
- Insurance Law
- Oil & Gas
- Products Liability
- Public-Private Partnerships
- Real Estate & Land Use
Professional & Civic
- Board member, Children’s Theatre Company (Minneapolis)
- Fellow, American College of Construction Lawyers
- Member, Minnesota State Bar Association, Past Chair, Construction Law Section (2001-2002)
- Member, American Bar Association, Forum on the Construction Industry and Public Law Sections, Committee Member
- Member, American Arbitration Association, Commercial Panel of Arbitration
- Former Board member, Children's Home Society of Minnesota
- Named a 2015 "Attorney of the Year" by Minnesota Lawyer
- Recognized by Client Choice for Excellence in Client Service - Minnesota, Construction, 2016 and 2018
- Inducted as a fellow in the American College of Construction Lawyers, 2016
- Named one of "America's Leading Business Lawyers" (Band 1) by Chambers USA (Construction), 2008-2018
- Top Tier lawyer, recommended by The Legal 500
- Listed in Best Lawyers in America©, 2016-2019
- Named a Best Lawyers'® Lawyer of the Year, Construction, 2017-2018
- Named one of the "World’s Leading Construction Lawyers" by Expert Guides
- Rated AV Preeminent® by Martindale-Hubbell®
- Recognized by Corporate LiveWire Magazine's Global Awards 2016 for “Litigation & Dispute Resolution”
- 2014 Burton Award Distinguished Legal Writing Winner: "Force Majeure and Climate Change: What is the New Normal?"
- Selected by Minneapolis Business Journal as one of the “25 Women to Watch”
- Listed as a Minnesota Super Lawyer (2003-2018) and One of the Top 50 Women Lawyers in Minnesota (2017-2018)
- Dorsey & Whitney Partner of the Year, 2007