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Construction

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Construction

We are skilled dealmakers and strong litigators who work closely with construction clients. Our experience helps us see all sides of construction-related issues – allowing us to structure deals that minimize the potential for future disputes.

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John Patterson

Email: jpatterson@fredlaw.com
Office: 612.492.7379

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Philip Bubb appointed Chair of the Construction Law Section of the Iowa Bar Association

New Law Seeks to Lessen Condominium Construction Defect Claims

What We Do

When it comes to the most successful construction projects, time is money. At Fredrikson & Byron, attorneys in our Construction Group have the experience necessary to anticipate and resolve problems before they arise, which allows more of our clients’ projects to come in on time and on budget. When disputes threaten a construction project or threaten a contractor’s ability to be paid for its work, we have the expertise necessary to resolve them through negotiation, mediation, arbitration or in court with a no-nonsense approach that resolves disputes quickly and efficiently.

Members of our Construction Group represent developers, contractors, subcontractors, manufacturers and suppliers on both public and private construction projects across the Upper Midwest.

Services

Drafting and negotiating construction contracts and design agreements
Resolution of construction disputes through negotiation, mediation, arbitration, trial and appeal
Advising clients in connection with public and private construction projects
Regulatory compliance and licensing
Bid protests and mistakes
Mechanic’s lien claims and litigation
Payment and performance bond claims and litigation
Construction insurance issues
Delay, suspension, acceleration and disruption claims
Defective construction claims
Labor law, including labor disputes, negotiating collective-bargaining agreements and NLRB proceedings
OSHA inspection, citation and dispute resolution
Immigration and nationality law, including worksite enforcement, corporate compliance and temporary worker visas
Land use and permitting

Experience

Construction Contract Negotiation and Drafting

Advised the owner and developer of $323 million biochemical plant in all aspects of developing and constructing the plant, including finance, permitting, and negotiation and drafting of contracts with architects, engineers, construction managers, contractors and key suppliers.
Counseled the Minnesota Orchestra regarding its contract for the $40 million renovation of Orchestra Hall in Minneapolis.
Composed a standard construction contract for a national restaurant chain with over 800 restaurants throughout the United States and Canada.
Negotiated a design-build construction contract for the erection of a wind farm facility in South Dakota.
Drafted a $200 million contract for design and construction of a bio-lab facility in Brooklyn Park, Minnesota.

Construction Litigation Representative Cases

Defended a construction-products manufacturer against claims asserted in over a dozen putative nationwide class action lawsuits filed around the country alleging that the client’s core product was defective and caused damages to surrounding structures.
Filed claims in arbitration for negligent construction against a general contractor responsible for building a $59 million wind turbine farm in North Dakota. Fredrikson & Byron’s client asserted claims for nearly $20 million in damages and the general contractor counterclaimed for nearly $30 million in damages.
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 the surety.
Asserted claims in arbitration for professional negligence against a pipeline engineering company, which 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.

News & Articles

John Koneck, Brian McCool, Alyssa Troje and Mark Vyvyan Among Minnesota Lawyer’s POWER 30 in Construction and Real Estate Law

July 1, 2021

Four Fredrikson attorneys were featured in Minnesota Lawyer’s POWER 30 in Construction and Real Estate Law.

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Construction: COVID-19 Implications for Your Contracts

March 31, 2020

By Rhiannon K. Baker and Philip S. Bubb

If the Coronavirus (COVID-19) has not yet affected your local construction projects, it will soon. How should you prepare for the potential impacts and damages?

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Iowa Supreme Court Decision Impacts Mechanic’s Lien Rights

February 12, 2020

By Rhiannon K. Baker and Philip S. Bubb

On February 7, 2020, the Iowa Supreme Court issued a decision that significantly impacts a contractor’s mechanic’s lien rights on residential construction projects.

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Why Change Orders Matter

February 5, 2020

By Rhiannon K. Baker and Philip S. Bubb

Costly disputes can arise when parties fail to properly document changes to a construction contract’s original scope of work.

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Fredrikson & Byron Represents APi Group, Inc. in its Sale to J2 Acquisition Limited

October 29, 2019

Fredrikson & Byron, in association with Faegre Baker Daniels, acted as legal counsel to APi Group, Inc. in its sale to J2 Acquisition Limited for approximately $2.9 billion.

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New Law Seeks to Lessen Condominium Construction Defect Claims

June 2, 2017

By Mark W. Vyvyan

Governor Dayton has signed into law House Bill 1538, which adds additional requirements for condominium and townhome homeowners associations wishing to bring construction defect claims against developers.

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Sprinkler Mandate Declared Invalid by Minnesota Court of Appeals

October 13, 2015

By Joseph G. Springer and Haley Waller Pitts

In a decision issued on October 13, 2015, the Minnesota Court of Appeals struck down the building code mandate requiring installation of fire sprinklers in larger homes promulgated by the Minnesota Department of Labor and Industry (DLI).

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