Construction

We are not only skilled dealmakers, but also strong litigators who protect our clients when construction projects go off-course. 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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New Law Seeks to Lessen Condominium Construction Defect Claims

What We Do

At Fredrikson & Byron, attorneys in our Construction Law Group 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 Law 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 and licensing
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

Experience

Construction Contract Negotiation and Drafting

Represented 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.
Represented the Minnesota Orchestra regarding its contract for the $40 million renovation of Orchestra Hall in Minneapolis.
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 800 restaurants throughout the United States and Canada.
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 the 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 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 the corporate headquarters for a Fortune 500 company.

Construction Litigation Representative Cases

Represented the Builders Association of Minnesota in a lawsuit against the City of St. Paul. On appeal, the Minnesota Court of Appeals held that municipalities could not enact policies that were contrary to the State building code.
Represented EPC in arbitration regarding $10 million dispute involving ethanol plant.
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 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 more than three years of litigation and four weeks of trial, the jury deliberated for two days and returned a verdict in favor of our clients.

Represented a Fortune 100 corporation in a case regarding the Minnesota Data Practices Act as it applies to confidential subcontracts on public projects.

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.

News & Articles

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.

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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