Overview

Every time a new home or office building rises from a job site, contractors rely on detailed plans and specifications to ensure the project stays on schedule and budget. But long before the first workers and equipment arrive, it is vital that the behind-the-scenes work on complex residential and commercial construction deals is executed with that same level of precision.

At Fredrikson & Byron, attorneys in our Construction practice are not only skilled dealmakers, but also strong litigators who protect their clients when construction projects go off-course. Working in both areas is a competitive advantage, because it helps our attorneys see all sides of construction-related issues – allowing us to structure deals that minimize the potential for future disputes. We do all of this in an efficient, no-nonsense style because, when it comes to the most successful construction deals, time is money.

Members of our Construction Group represent developers, contractors, subcontractors, specialty contractors, manufacturers, suppliers, public and private owners, landlords, lenders, and design professionals.

Services

• Drafting and negotiating construction contracts and design agreements
• Drafting and negotiating local, state, and Federal government contracts
• Project finance
• Regulatory compliance
• Bid protests and mistakes
• Mechanic’s lien filing and litigation
• Payment and performance bond claims and litigation
• Construction insurance issues
• Contract termination
• Delay, suspension, acceleration, and disruption claims
• Differing site conditions claims
• Defective construction claims
• Mold and contamination
• Environmental review and site cleanup
• Stormwater and wetland issues
• Financial workouts and restructuring
• Negotiating collective bargaining agreements
• Labor law, including labor disputes and NLRB proceedings
• OSHA inspection, citation, and dispute resolution
• Defending Worker’s Compensation claims
• Immigration and nationality law, including worksite enforcement, corporate compliance, and temporary worker visas
• Land use and permitting
• Protection and defense of intellectual property rights
• Resolution of construction disputes through negotiation, mediation, arbitration, trial, and appeal

Representative Transactions

Construction Contract Negotiation and Drafting

• Negotiated and drafted a $28 million contract for the renovation of a bank building built in 1906 into a 220-unit hotel in downtown Minneapolis. 
• Negotiated and drafted a $20 million turn-key design and construction contract for a 150-unit hotel.
• Negotiated a $28 million contract for the renovation of a 2000-unit hotel in Reno, Nevada.
• Drafted a standard construction contract for a national restaurant chain with over 550 restaurants in 38 states.
• Negotiated and drafted a $23 million construction contract for renovation of an Indian gaming facility that included expansion of banquet and hotel facilities, and negotiated financing for that project.
• Negotiated a design-build construction contract for erection of a wind farm facility in Brandon, South Dakota.
• Negotiated and drafted a standard design-build construction contract for  biomass processing facilities.
• Negotiated and drafted a $200 million contract for design and construction of a bio-lab facility in Brooklyn Park, Minnesota.
• Negotiated and drafted construction contracts for hospital facilities, including documents to preserve sales tax exemption on construction materials incorporated into a hospital.
• Negotiated and drafted a contract for construction of a major medical office building in St. Paul, Minnesota, and negotiated a $26 million dollar loan to finance that project.
• Negotiated design and construction contracts for several multi-family housing projects.
• Negotiated and drafted contracts for the design and construction of a major mixed-use facility that incorporated a hotel, retail, housing, structured parking, and transit hub.
• Negotiated and drafted contracts for design and construction of an elder housing facility in Fridley, Minnesota.
• Negotiated and drafted contracts for design and construction of the corporate headquarters for a Fortune 500 company.

Construction Litigation Representative Cases

• Represented industry trade groups in a lawsuit against a city regarding building permit fees charged by the city. As a result of the litigation, the parties entered into a detailed consent decree that resulted in the city reducing building permit fees for residential properties by between 69 and 91 percent. The consent decree contains requirements for greater controls and disclosure in setting fees.
• Represented the owner and developer of a large condominium project in a complex, multi-party arbitration with over $15 million in dispute. Claims involved construction defects, delay, disruption, and acceleration.
• Represented a general contractor involving construction issues on a $30 million new high school project. Issues involved termination of a defaulting subcontractor, construction defects, a payment and performance bond claim, and negotiating a take-over agreement with surety. 
• Represented the owner of a natural gas pipeline on claims for professional negligence against a pipeline engineering company. After three days of arbitration in Minneapolis, the claims were settled confidentially. Legal issues in the case included: delegation of design issues to contractors; inspection responsibilities of engineers and contractors; the legal effect of warnings contained in soils reports; and the collateral estoppel effect of an arbitrator’s holdings and award in a previous arbitration between owner and contractor.
• Represented the owner of a chemical plant that was managed by a major commodities production company. Client made a multi-million dollar claim for damages, including lost production and repair costs, arising out of equipment breakdowns and vapors emitted by the manager’s adjacent plant. Client commenced the dispute resolution process with a demand for mediation, a prerequisite for arbitration. The claim was settled through negotiation by amendment to the management contract. The amendment was worth at least $2.5 million to the client.
• Successfully defended a Minnesota homebuilder against a claim of copyright infringement brought by a competing homebuilder. After over three years of litigation and four weeks of trial, the jury deliberated for two days and returned a verdict in favor of our clients.

Construction Workouts

• Represented a developer of golf courses throughout the country in workouts with lenders, partners, and property owners. We preserved equity in properties and were able to successfully resolve debts without entity or its principals filing bankruptcy.
• Represented a lender in a workout with a residential developer. Over $10 million was owing to lender. In a complex workout that we negotiated and drafted without having to file the suit, the lender received an interest in several developments and properties through a combination of deeds-in-lieu of foreclosure, voluntary foreclosures, assignments, and transfers of membership interests.

Bios

Primary Attorneys

Eric S. Anderson
Larry J. Berg
Edward Q. Cassidy
Peter J. Diessner
Jeremy P. Duehr
Nena M. Fox
John M. Koneck
Brian S. McCool
John G. Patterson
Richard A. Ross
Howard A. Roston
Jeffrey J. Serum
Lindsay J. Sokolowski
Joseph G. Springer, Chair
Mark W. Vyvyan

Supporting Attorneys

Jessica L. Edwards
Patrick D.J. Mahlberg
Erik E. Malinowski
John S. Parzych
Sara M. Reisdorf
Teresa M. Thompson
Daniel A. Yarano

Other Professionals

Jeannine S. Christensen
Pamela M. Jorgensen
Lisa M. Lindenfelser
Bonnie A. O'Malley
Robin E. Rank