Phil is an experienced litigator and construction lawyer serving owners, developers and contractors by drafting construction contracts, controlling risk, and resolving construction disputes in mediation, arbitration and litigation.
Phil represents owners, developers, and contractors on public and private construction projects involving claims of strict liability, warranty, defect, delay and negligence. He has served as lead counsel in mediation, arbitration and litigation in both state and federal courts.
Prior to joining Fredrikson & Byron, Phil spent ten years as a commercial litigator in Atlanta, Georgia, and later served as general counsel for a start-up distillery outside Des Moines.
- Defended home builders and construction-products manufacturers against claims alleging negligent construction, negligent design and products liability.
- Composed and negotiated contracts for public and private construction projects between owners, design professionals, general contractors, subcontractors and suppliers.
- Represented prime contractor against city and state efforts to enforce liquidated-damages provision to withhold payment following construction delays.
- Served as trial counsel for a private developer in mediation and litigation against municipal, state and federal agencies involving eminent domain and access rights to real property.
- Obtained a multi-million-dollar verdict in favor of a private company and against a municipal government for breach of a contract to privatize utility services.
- Routinely counsels contractors on procedures for filing mechanics’ liens on private projects and bond claims on public projects.
- Won a multi-million-dollar jury verdict against a telecommunications carrier for breach of its services contract.
- Prosecuted claims against a roofing contractor for negligence resulting in a catastrophic fire.
Articles & Presentations
PUBLICATIONS & PRESENTATIONS
- “Troubleshooting Construction Project Legal Issues,” National Business Institute, December 2017
- “The Basics and Fundamentals of Construction Law,” Iowa State Bar Association, April 2017
- “Construction Law: Advanced Issues and Answers,” National Business Institute, February 2017
- “Construction Law for Public Projects,” Foxmoor Continuing Education, September 2015
- “Navigating a Home Warranty,” Acquire Magazine, August 2014
- “Protecting Yourself in a Construction Project Gone Wrong,” Acquire Magazine, May 2014
- “Defending Wrongful Foreclosure Claims,” Institute on Continuing Legal Education
- “IP in the Digital Age,” Technology Association of Georgia
- “Third-Party Practice in Georgia,” Institute on Continuing Legal Education
Honors & Education
- The University of Michigan Law School, J.D., 2003, cum laude
- Luther College, B.A., 2000, cum laude
- Minnesota, 2015
- Iowa, 2013
- Georgia, 2003
- Best Lawyers in America – Litigation - Construction, 2019
- Minnesota State Bar Association, North Star Lawyer, 2016
- Great Plains Super Lawyers, Rising Star – Construction Litigation, 2015-2018
- Georgia Super Lawyers, Rising Star, 2010-2013
- Recognized by the Pro Bono Project of the State Bar of Georgia, 2006-2012
- Recipient of the E. Randolph Williams Award for Outstanding Pro Bono Service, 2003-2005
- Polk County Bar Association
- Iowa State Bar Association, Construction Law Section, Section Council, 2015-2019
- Iowa State Bar Association, Construction Law Section Council Chair, 2017-2018
- Associated General Contractors of Iowa