Education
Undergraduate: Hamline University (1975),
Graduate: ,
Career History
- Pat has advised and represented numerous clients in contract negotiations involving power plants, waste water treatment facilities, waste incineration facilities, and other heavy industrial and large commercial projects. He has also represented sureties in connection with performance and payment bond claims, including takeover agreements and financing arrangements as well as subrogation and indemnification matters. Selected reported transactions include:
- 1325 North Van Buren, LLC v. T-3 Group, Ltd., 701 N.W.2d 13 (Wis. Ct. App. 2005) (successfully argued for insurance coverage under construction manager's professional liability policy)
- Auto-Owners v. NewMech Companies, Inc., 678 N.W.2d 477 (Minn. Ct. App. 2004), (successfully obtained coverage under a CGL policy for mold and water damage to a condominium project)
- Ray & Sons Masonry Contractors, Inc. v. U.S.F.& G. Co., 114 S.W.3d 189 (Ark. 2003) (upholding $1.5 million jury verdict in favor of client)
- U.S.F.& G. Co. v. Continental Cas. Co., 353 Ark. 834, 120 S.W.3d 556 (Ark. 2003) (agreeing with client's position that commercial general liability policy applied to indemnity judgment due to the "insured contact" exception to the contractual liability exclusion)
- Crane Const. Co. v. Klaus Masonry, 71 F. Supp. 2d 1125 (D. Kan. 1999) (opinion addressed proof requirements of indemnity action; this matter ultimately resulted in a jury verdict of several hundred thousand dollars against a roofing subcontractor in favor of surety client)
- U.S.F.& G. Co. v. A&A Masonry, Inc., 991 S.W.2d 111 (Ark. 1999) (this decision reversed a trial court's ruling dismissing surety's indemnity action for losses incurred due to defective construction: successfully arguing for the reinstatement of client's indemnity claim)
- O'Shaughnessy v. Smuckler Corporation, 543 N.W.2d 99 (Minn. Ct. App. 1996) (successfully argued that contractor/insured had coverage under 1986 CGL policy for subcontractors' defective work)
- MNVA Railroad, Inc. v. John Alden Life Ins. Co., 507 N.W.2d 15 (Minn. Ct. App. 1993) (represented group health insurer in ERISA preemption matter)
- Maxa v. John Alden Life Ins. Co., 972 F.2d 980 (8th Cir. 1992) (successfully represented group health insurer in dispute over coverage based upon policy language)
- Emison v. J. Paul Stearns Co., 488 N.W.2d 336 (Minn. Ct. App. 1992) (homeowner client successfully prevailed on mechanic's lien issue; this matter was eventually arbitrated and client successfully resisted contractor's claim of more than $500,000.00 when arbitrators issued an award of $12,000.00 in favor of contractor)
- Lumberman's Underwriting Alliance v. Tifco, Inc., 465 N.W.2d 580 (Minn. Ct. App. 1991) (premium-financing company litigation)
- Carl Bolander & Sons Co. v. City of Minneapolis, 451 N.W.2d 204 (Minn. 1990) (after trial, successfully argued on behalf of contractor that low bidder's bid was non-responsive due to bid's failure to comply with the invitation requirements concerning women and minority-owened business enterprise participation)
- Subsurfco, Inc. v. Osceola Rural Water System, Inc., 914 F.2d 1072 (8th Cir. 1990) (final appellate decision in matter where firm's surety client and contractor successfully resisted owner's breach of contract claim of $6 million based upon allegations of poor workmanship and obtained an arbitration award against owner for retainage in excess of $300,000)
- Goette v. Press Bar and Cafe, Inc. 413 N.W.2d 854 (Minn. 1987) (final appeal rejecting owner's claims of defective design against architect; discovery established that contractor had failed to follow architect's design and therefore firm's client, the architect, was absolved of responsibility for personal injuries and economic loss resulting from structural failure)
- Sheehan v. Morris Irrigation, 410 N.W.2d 569 (S.D. 1987)(appeal of summary judgment granted in favor of firm's surety client; case ultimately settled under circumstances where surety made no payment and recovered significant portion of litigation costs even though the contractor/principal was insolvent)
- Farmer's Union Central Exchange v. Reliance Insurance Co., 626 F. Supp. 583 (D.N.D. 1985) and 675 F. Supp. 1534 (D.N.D. 1987) (obtained defense verdict on two suppliers' payment bond claims and claims for bad faith against surety client)
Professional Activities
- Fellow, American College of Construction Lawyers
- Former Co-Chair, Law Division, ABA Fidelity and Surety Law Committee
- Former Chair, Division 7-Bonds, Liens & Insurance, ABA Forum on the Construction Industry
- Editor of ABA Forum on the Construction Industry's newsletter, Under Construction
Professional Recognition
- Super Lawyer, Minnesota Law & Politics
- Burton Award--Excellence in Legal Writing, Awarded for Article entitled, "Allocating Risks of Terrorism and Pandemic Pestilence: Force Majeure for an Unfriendly World"
- Listed in Best Lawyers in America (Construction Law)
Additional Industry Experience
- Adviser, American Law Institute's Restatement on Suretyship and Guaranty. The American Law Institute chose 16 lawyers from private practice and academia to act as advisers in the preparation of the Restatement Third Suretyship and Guaranty (1996)
Dispute Resolution Experience
- Member of American Arbitration Association Construction Industry Panel
Arbitrator in numerous construction disputes
- Mediator in numerous two-party and multi-party construction disputes
Representative Articles, Publications, Speeches and Seminars
- Bruner & O'Connor on Construction Law
West Publishing Company (seven-volume treatise, addressing all major areas of construction law)(update annually) (2002)
- The Surety's Rights of Restitution and Subrogation - Setoff Principles Under the Restatement of the Law Third, Suretyship and Guaranty
The Restatement of Suretyship and Guaranty: A Translation for the Practitioner - American Bar Association, Tort & Insurance Practice Section. (2005)
- ERISA Bond Claims Over Employer Stock Losses: The Landscape in a Post-Enron World
Co-author, The Fidelity Law Journal (2004)
- CGL/Builder's Risk Monograph, Editor
American Bar Association (2004)
- Allocating Risks of Terrorism and Pandemic Pestilence: Force Majeure for an Unfriendly World
The Construction Lawyer (2003)
- Comparing Project Delivery Systems
Practicing Law Institute (2003)
- Delay, Disruption and Inefficiency Claims
Practicing Law Institute (2003)
- Terrorism Risks
Second Global Project Superconference (London 2003)
- Lender Liability in Construction Financing
West, Construction Briefings (2003)
- The Construction Briefings Year-End Review
Federal Publications (1983-2003)
- Risk Management for Design-Build Contracting
Lorman Education Systems (2002)
- The Rights and Responsibilities of Design Professionals--Part I & Part II
Federal Publications --April & May, Construction Briefings (2002)
- Insurance Products for the Construction Industry
Federal Publications, Construction Briefings (2001)
- Curtain Wall Failures
The Construction Lawyer (2000)
- Limits of Liability: A Multi-Faceted Perspective
Surety Claims Institute, 24th Annual Meeting (1999)
- Commercial General Liability Coverage
The Construction Lawyer (1999)
- Insurance Coverage for Mold Exposures
Mealey's Sick Building Conference (1999)
- Managing and Litigating the Complex Surety Case
American Bar Association (1998)
- Salvage by the Surety
American Bar Association (1998)
Warranties, Guarantees, and Correction Remedies Under the AIA Document
The Construction Lawyer (1998)
- Bond Default Manual
American Bar Association (1997)
- Statutory Bonds or Common-Law Bonds: The Public-Private Dilemma
Tort & Ins. (1993)
Presentations
- Program Chair
17th Annual Meeting of the American College of Construction Lawyers, Sanibel Island, Florida (2006)
- Contractor Claims: Prevention and Effective Resolution
Contract Solutions Group (2006)
- Change Orders in Minnesota
Lorman Education Services (2006)
- Construction Lien Law in Minnesota
Lorman Education Services (2006)
- Program Co-Chair
ABA Annual Forum on the Construction Industry, New Orleans, Louisiana (2005)
- Insurance Case Update
West Group's Year in Review Conference (annual presentation from 1990-2005)
- Ten Reasons Why Arbitration is Better Than Litigation
Minnesota Institute of Legal Education (2001)
- Co-program Chair
ABA Forum on The Construction Industry/Tips Fidelity & Surety Law Committee, 2001 Joint Mid-Winter Meeting (2001)
- Program Chair
Technology in Construction (Minnesota Institute of Legal Education) (2000)
- The Project Delivery Institute
Federal Publications (1999)
- Insurance Coverage For Sick Building Claims
Mealey's Sick Building Litigation (1999)
- Masonry Design and Construction Fundamentals: Risk Management and Claim Avoidance
University of Minnesota (1999)
- Curtain Wall Failures, More Sticks and Bricks
ABA Forum on the Construction Industry (1999)
- Loss of Efficiency and Extended Overhead Claims
presented to the Department of the Navy, EFA Northwest, Poulsbo, Washington (1999)
- Insuring and Bonding the Project: The Role of Insurance as a Risk Management Tool
The Forum/Tips 1999 Mid-Winter Meeting (1999)
- Risk Management for Engineers
University of Minnesota (1998)
- Minnesota Construction Lien & Bond Law
Lorman Education Services (1998)
- CPM Scheduling & Delay Analysis
presented to Directorate of Contract Appeals, Air Force Command Law Office (1998)
- The Revisions of the AIA Contract Documents
AIA Minnesota and the University of Minnesota (1998)
- The Principal's Contract Claims as Salvage: A Primer
Fidelity & Surety Law Committee Annual Meeting (1997)
- Contract Law Seminar Series for Construction and Design Professionals
University of Minnesota (1997)
- Program Chair
Fidelity & Surety Law Committee Annual Meeting (1995)
- Numerous additional speeches given on a variety of topics throughout the U.S in the past 20 years
Court Admissions
Admitted To Practice (State)
Admitted To Practice (Federal)
- U.S. Court of Appeals, 8th Circuit
- U.S. District Court of Minnesota
- U.S. Supreme Court
Community Activities
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