Lincoln’s national construction practice combines an engineer’s knack for problem-solving with an appellate clerk’s love of the law. The result is unique client service, focused on highly effective and pragmatic resolution of matters with formidable technical and legal complexity.
Lincoln represents owners, contractors, design professionals, lenders and other stakeholders on projects of both global and local significance. He is project claim counsel to a public owner on a $2 billion commuter rail DBFOM P3, secured a $74 million arbitration award in favor of a global EPC client constructing a $2 billion power plant, and helped achieve a full defense verdict for an African nation in investment treaty arbitration brought by an international contractor. Lincoln litigates construction disputes throughout the United States; has tried multiple eight- and nine-figure construction claims (and much smaller disputes) to verdict; and is experienced with various forms of domestic and international arbitration, state and federal litigation, and dispute resolution boards.
Lincoln also advises clients on project development & delivery methods, contract negotiation, procurement practices, bid disputes, claim counseling, change management, contract administration, mechanics liens, and insurance recovery. His construction transactional experience includes significant projects in the energy, higher education, healthcare, infrastructure, and natural resources industries, with recent emphasis on public-private partnerships.
A native of rural Wisconsin, Lincoln previously worked as a consultant engineer providing infrastructure design and construction administration services to private and public entities.
Education & Admissions
University of Wisconsin Law School (J.D., 2011), summa cum laude; Sole recipient of Salmon Dalberg Award (outstanding member of graduating class) & Davis Award (excellence in study of constitutional law); Articles Editor, Wisconsin Law Review; Order of the Coif
University of Wisconsin - Madison (B.S. Civil Engineering, Certificate in Business, 2007)
- U.S. Court of Appeals for the Eighth Circuit, Honorable James B. Loken, 2011-2012
Construction and Design
- Counsel clients on all aspects of construction and design matters, including contract negotiation and interpretation, project financing agreements, dispute avoidance, claim development, expert retention and coordination, insurance recovery, and mechanics' liens.
- Construction claims counsel for public authority owner on a $2 billion commuter rail public-private partnership. Represent agency in dispute resolution panel and state court proceedings commenced by project concessionaire.
- Represent heavy civil contractor on procurement, claim, insurance, and transactional matters for several $5-25 million public projects.
- Represent owners and developers of healthcare facilities in several multi-million dollar construction delay disputes.
- Represented an African nation in ICSID arbitration against claims brought by international contractor. Defeated all claims on the merits.
- Represented multinational EPC contractor in complex, multiparty arbitration and ancillary litigation resolving nearly $1 billion in claims related to the design, fabrication, construction, and operation of a supercritical coal-fired power plant. Obtained favorable settlements in addition to a $74 million arbitration award.
- Represented owner in complex, multiparty arbitration and ancillary litigation involving more than $40 million in claims related to delays, defects, and cost overruns in the design and construction of a landmark four-star hotel.
- Defended national precast concrete contractor in $2 million complex, multiparty arbitration and mediation.
Public-Private Partnerships and Construction Financing
- Advise higher education clients on new P3 and design-build projects (est. $100-300 million).
- Counsel public agency owner on $2 billion commuter rail P3.
- Represent sovereign nation in international arbitrations on P3 rail and port projects.
- Advised banking clients on P3 infrastructure projects exceeding $300 million in construction costs.
- Advised clients in construction financing and bankruptcy matters with $1 billion in dispute.
- Represented contractor in insurance coverage litigation asserting a $20 million loss.
- Counsel manufacturer in insurance coverage action and other disputes seeking recovery of $10 million loss.
- Represented subcontractor in defense of potential subrogation action by builder’s risk insurer arising out of a large fire.
ERISA / Pension and Other Complex Commercial Litigation
- First-chaired trial defending CEO against Department of Labor allegations fiduciary breaches.
- Defended defined benefit pension plan fiduciaries against more than $500 million in claims involving alleged self-dealing and failure to diversify and monitor investments.
- Defend 401(k) and 403(b) plan fiduciaries in putative class action alleging more than $5 million in allegedly unreasonable fees.
- Defended major managed care organization against putative class action alleging violations of the Affordable Care Act and the Mental Health Parity and Addiction Equity Act.
News & Resources
News & Press Mentions
Industries & Practices
- Banking & Financial Institutions
- Class Action Litigation
- Commercial Litigation
- Construction & Design
- Construction Litigation
- Development & Infrastructure
- Electric Power
- Energy & Natural Resources
- ERISA Litigation
- Government Contracts Counseling & Litigation
- Intellectual Property Litigation
- International Arbitration & Litigation
- Oil & Gas
- Public-Private Partnerships